3 Count: Jurisdiction Distinction

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1: BBC Gets Judge to Dismiss Lawsuit Over Use of ‘Cosby Show’ Clips

First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that the BBC has successfully secured dismissal of a lawsuit filed against them over a documentary about Bill Cosby that used clips from The Cosby Show.

The lawsuit was filed in California by Carsey-Werner Co over the BBC documentary Bill Cosby: The Fall of an American Icon. The documentary, which detailed sexual assault allegations against Cosby, also used clips from The Cosby Show. However, according to Casey-Werner, those clips were unlicensed and infringing.

However, the BBC claimed that the California court lacked jurisdiction over the matter. Since the documentary only aired in the UK and was only available online to UK residents, the judge agreed. According to the judge, even if some people from California saw it illegally, that is no indication that the BBC targeted the state in a way that would give the court jurisdiction. The judge dismissed the case without prejudice, meaning it can be refiled, but it most likely will need to be refiled in the UK to move forward.

2: Retired Attorney Survives Motion to Dismiss Copyright Claim

Next up today, Olivia Covington at The Indiana Lawyer reports that retired attorney Richard Bell has survived a motion to dismiss in his lawsuit over the unlicensed use of his photo on a website for an attorney conference.

In 2015 Bell discovered that a photo he took of the Indianapolis skyline had been used to promote both the Midwest Regional Network for Intervention with Sex Offenders Spring Conference and the Indiana Prosecuting Attorney Council (IPAC). As such, Bell sued the network and IPAC’s director, Dave Powell, for copyright infringement and unfair competition.

Powell had filed a motion to dismiss saying that there was no evidence that he was personally responsible for the image nor should he be held personally liable. However, the judge felt that Bell had met the “low bar” to survive the motion to dismiss and is allowing the lawsuit to move forward. However, the judge expressed skepticism that it could survive summary judgment, where the bar of evidence is set higher.

3: A Juggalo’s Three 6 Mafia Torrenting Gave a Bar 500 Copyright Violations

Finally today, Phil Witner at Noisey reports that Mac’s Bar in Lansing, Michigan, described as “the CBGBs of the Midwest” was hit with some 500 Digital Millennium Copyright Act (DMCA) notices after someone using their wifi downloaded nearly the entire discography of the band Three 6 Mafia.

According to Scott Bell, the talent buyer for the club, he came home from tour managing in Europe to find a “big white box” from his ISP that included some 500 pages, each a DMCA notice for a different song by the band.

According to Bell, he has a pretty good idea who did the downloading, especially since it would have required a laptop and all of the downloads took place in less than one hour during the “Juggalo Valentine’s Show”. He said he’s changed the wifi password and will speak with the culprit to ensure that they do n’t do anything like it again.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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