Failure to Plead Originality of Allegedly Copied “Portions” of Registered Works Defeats Claim at Pleadings Stage​

The court granted defendant’s motion to dismiss plaintiff’s infringement claim because plaintiff failed to plead that the allegedly copied portions of its literary works were original. “Plaintiff’s pleading alleges . . . that Defendant’s book ‘incorporates portions of [plaintiff’s] literary works’ that are subject of the copyright registrations, but does not plead any facts relating to the originality of any of those portions. Validity of a copyright does not extend copyright protection to every element of the work. Because the entirety of Plaintiff’s copyrighted works are not necessarily original, and because Plaintiff fails to identify any relevant facts about even one portion of its works which were copied, the Court cannot reasonably infer that any of the copied portions pass the originality requirement.”

The Revolution FMO, LLC v. Mitchell, 4-17-cv-02220 (MOED 2018-05-10, Order) (Henry E. Autrey)

2018-05-14T11:55:02+00:00May 14th, 2018|Copyright, Docket Report|