For Your Data Religious Technology Scientific Discipline Ctr. V. Lerma Illustration Brief

Religious Technology Ctr. v. Lerma representative brief summary
xl U.S.P.Q.2d 1569 (1989)

CASE SYNOPSIS

Plaintiff sought summary judgment on his copyright infringement conform brought against accused pursuant to the Copyright Act, 17 U.S.C.S. § 101 et seq.

CASE FACTS
Plaintiff, having sued accused for violating the Copyright Act, 17 U.S.C.S. § 101 et seq., when accused copied plaintiff's copyrighted cloth together with distributed them on the Internet equally business office of a protestation against plaintiff's activities, sought summary judgment pursuant to Fed. R. Civ. P.56.

DISCUSSION

The case courtroom granted summary judgment, asset that:
(a) plaintiff's run was protected since the documents inwards query could last discussed separately from unprotected ideas,
(b) the fair role defense forcefulness did non apply, given the application of a four-factor test, largely because accused copied plaintiff's industrial plant inwards their entirety together with posted large portions of run without whatsoever commentary whatsoever, and
(c) misuse of the copyright defense forcefulness did non apply since plaintiff neither attempted to assert copyrights it did non ain nor attempted to necktie its copyrights to other products.
The case courtroom awarded entirely the lowest-possible statutory damages, however, given defendant's nonwillful violation together with lack of resources.

CONCLUSION
Summary judgment was granted; plaintiff's industrial plant were protected, non unprotected ideas, together with neither fair role nor misuse of copyright defenses applied, given breadth of copying, lack of commentary inwards reproductions, legitimacy of plaintiff's copyright, together with lack of endeavour to necktie the copyright to other products.

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