DRK Photo v. McGraw-Hill Global Education Holdings, LLC
Petition for certiorari denied on April 16, 2018
Issue: (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
- Petition of the day (Aurora Barnes, March 21, 2018)
Date | Proceedings and Orders |
---|---|
02/02/2018 | Petition for a writ of certiorari filed. (Response due March 26, 2018) |
03/13/2018 | Brief of respondents McGraw-Hill Global Education Holdings, LLC, et al. in opposition filed. |
03/27/2018 | Reply of petitioner DRK Photo filed. |
03/28/2018 | DISTRIBUTED for Conference of 4/13/2018. |
04/16/2018 | Petition DENIED. |