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DRK Photo v. McGraw-Hill Global Education Holdings, LLC

Petition for certiorari denied on April 16, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1170 9th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether an assignee of an accrued claim who is not a legal or beneficial owner of a copyright has standing to sue for infringement, as the U.S. Court of Appeals for the 5th Circuit ruled in Prather v. Neva Paperbacks, Inc., or does not have standing as the U.S. Court of Appeals for the 9th Circuit ruled in Silvers v. Sony Pictures Entertainment, Inc.; (2) whether an unequivocal transfer of copyright ownership, together with accrued claims, is effective to give the transferee the statutory right to sue as legal owner of the copyright, even when the purpose of the transfer is to facilitate an infringement action; and (3) whether “beneficial owner,” which the Copyright Act does not define, extends to an assignee of accrued claims who has pre-existing interests in the copyright and is injured by infringement.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 02 2018Petition for a writ of certiorari filed. (Response due March 26, 2018)
Mar 13 2018Brief of respondents McGraw-Hill Global Education Holdings, LLC, et al. in opposition filed.
Mar 27 2018Reply of petitioner DRK Photo filed.
Mar 28 2018DISTRIBUTED for Conference of 4/13/2018.
Apr 16 2018Petition DENIED.