District Court Applies Irrebutable Presumption Of Ownership From False Authorship Claim On Registration

 

 

 

 

 

 

 

 

In what can only be described as a stunning case of confusion between the Section 410 evidentiary presumption afforded certain copyright registrations and a fraud on the Copyright Office challenge to the underlying validity of a copyright registration, a court in the Central District of California refused to even consider a defendant’s challenge to the plaintiff’s copyright ownership merely because the plaintiff had obtained a registration falsely listing itself as the author of a fabric design.

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Perfect 10 v. Google: Ninth Circuit Holds No More Presumption Of Irreparable Harm In Copyright Infringement Cases

Google Bike
Creative Commons License photo credit: Max Braun

I guess the subtitle for this post could be “Ninth Circuit Holds: Suing Google Is Not A Business Model.”  In the seemingly endless litigation between purveyors of on-line nudie pictures, Perfect 10 [Warning: Link Not Workplace Friendly or Politically Correct or Tasteful], and Google, the Ninth Circuit has joined the rest of the copyright world in acknowledging that the presumption of irreparable harm, employed for many years by the federal courts, did not survive the Supreme Court’s eBay Inc. v. MercExchange, LLC decision.  In doing so, the Ninth discussed and approved of the Second Circuit’s decision in Salinger v. Colting, which came to the same conclusion. [Read more…]