Aug 16, 2010 Intellectual Property
Ninth Circuit clarifies the scope of the work-for-hire doctrine and reinstates a multimillion-dollar copyright judgment for GMSR’s client

Jules Jordan Video, Inc. v. 144942 Canada Inc., et al. (9th Cir. 2010) 617 F.3d 1146 (United States Court of Appeals for the Ninth Circuit) [published]. In a published opinion, the Ninth Circuit Court of Appeals reinstated a $2.6 million judgment for GMSR’s client in a copyright infringement case involving the piracy of thirteen films. In the process, the court clarified how the work-for-hire doctrine should be applied to a creative, sole proprietorship situation, where the creator has established and wholly controls a company to produce and distribute his creative works. The court did, however, vacate the right of publicity judgment the client had obtained on the basis that the publicity claim was preempted by the Copyright Act.