« Week in Review | Main | New Decisions Affecting the Participation of the Russian Athletes in the Pyeongchang 2018 Winter Olympic Games: Are the Strongest Sporting Sanctions Still To Come? »

Second Circuit's Decision in John Wiley & Sons

By Christopher Beall

Here is the Second Circuit's decision in a long-pending copyright case against John Wiley & Sons that addresses the question of standing based on an assignment of claims, and amounts to an endorsement of the continuing validity of the proposition that a copyright infringement plaintiff has no standing if all that the plaintiff owns is an assignment of a "bare right to sue." Wiley v DRK Photo, 2d Cir.pdf

This decision is in line with the doctrine announced more than a decade ago by an en banc panel of the Ninth Circuit in the well-known Silvers decision. Judge Parker's dissent here adopts the reasoning of the dissenters from the Ninth Circuit in the Silvers case, to the point that Congress legislated against the backdrop of common law principles and the general common law of torts allows for the assignability of tort claims. The end result here is that the Second Circuit has reaffirmed the rule that an assignee may not pursue a copyright infringement suit if the assignee has received only a bare right to sue as opposed to an assignment of a Section 106 right.

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)

About

This page contains a single entry from the blog posted on February 25, 2018 11:00 PM.

The previous post in this blog was Week in Review.

The next post in this blog is New Decisions Affecting the Participation of the Russian Athletes in the Pyeongchang 2018 Winter Olympic Games: Are the Strongest Sporting Sanctions Still To Come?.

Many more can be found on the main index page or by looking through the archives.