Muench Case Under Attack!

[Oscar Michelen]

Last July, Judge Preska of the Eastern District of New York issued a decision in a case called Muench v. Houghton Mifflin that rocked the warehouses that sell digital images. In a nutshell, she basically stated that the way these companies register images, by compilation and as  automated and updated databases does not provide registration over the individual images.  She also held that an opinion letter sent by the Copyright Office to a digital image trade association that authorized this mechanism of registration was wrong and in violation of the Copyright Act.
Both of these positions, by the way, have been expiunded, defended and explained, on this site and forum long before Judge Preska's decision.  So the decision was a huge vindication and a massive blow to Getty, Corbis and Masterfile.  

Well several of those companies and others have now filed amicus curiae (friend of the court) briefs supporting the Muench plaintiff's motion to re-argue and reverse Judge Preska's decision. The motion is under reconsideration as we speak and we should have a decision by the end of the year.  Let's hope Judge Preska sticks to her guns and keeps the decision intact.  Either way both sides would likely appeal so this issue will be on its way to the Second Circuit Court of Appeals shortly and who knows, maybe even the US Supreme Court eventually.

[Lettered]

Thanks for keepin us posted on that Oscar.  Isn't the court in Bernia vs Riddick taking the same position as Judge Preska?  They didn't cite Judge Preska that I could see but they did say:

"They have provided information that says that they have had searches made and that the only searches -- the only items that came up in the searches are these compilations; and if that's so, that does not entitle you to claim ownership in the -- in the items within the compilations, but just the compilations.  That's how copyright law works."

-August 9 transcript
http://extortionletterinfo.com/imagelinecase/imageline-081810-15-1.pdf

Is it too late to file amicus curiae supporting Judge Preska's original decision?

[SoylentGreen]

Yes, thanks for the update Oscar, and a good point made by 'Lettered'.  This is a huge issue for these companies.
I think that better, more detailed registration procedures are necessary given the litigious nature of image companies in recent years.
I just don't see enough done to back up all the threats in those letters sent by such companies.

S.

[Oscar Michelen]

i think it is too late to submit amicus brief.  I hope and expect that Preska will adhere to her original decision. As far as Bernina is concerned, the judge there is agreeing 100% with Preska's decision so hopefully there will be another case in our favor before long.

[Swaggin]

"The motion is under reconsideration as we speak and we should have a decision by the end of the year."

She left her opinion undisturbed (order filed sept 27). Rejecting the 411(b) arguments.  

Registration formalities win and the creators get shafted.  411(b) should be amended to end this game. And it is a game. Publisher steals your work. Publisher gets sued. Publisher hires giant law firm. Giant law firm goes over the registration statement with a microscope and tries to find a defect. Is there any other Berne Country where this game is played. No.

If the Copyright Office says it works -- it should work.

[Lettered]

Actually copyright law needs a complete overhaul in my opinion ... both to protect real creations and to protect innocent infringers who are victims of unscrupulous service providers.  It is bad that some photographers are getting their work stolen and can't find a way to get compensation.  Worse, though, is the way the digital warehouses are preying on innocent infringers who were victims of unscrupulous web site developers, or even innocent non-infringers who bought image rights before Getty owned them and lost their receipt.

[Oscar Michelen]

I agree with you Lettered. Judge Preska's sticking to her original decision is great news