Copyright Misuse Not Allowed as Counterclaim​

The court granted plaintiff’s motion to dismiss defendants’ copyright misuse “counterclaim” and found that copyright misuse could not be raised as a stand-alone cause of action. “Defendants bring a counterclaim for copyright misuse to invalidate [plaintiff’s] copyright and award the Defendants damages and attorneys’ fees . . . . Copyright misuse is recognized as an affirmative defense. However, the Fifth Circuit has not recognized copyright misuse as a stand-alone cause of action. The Court therefore finds the . . . Counterclaim is better raised as an affirmative defense and not a stand-alone cause of action.”

Olive v. Boatner et al, 4-17-cv-02501 (TXSD 2018-04-19, Order) (David Hittner)

2018-04-24T11:50:02+00:00April 24th, 2018|Copyright, Docket Report|