Gene Autry Music Company dba The Autry Qualified Interest, Gene Autry’s Western Music Publishing Co. v. Passport International Entertainment, LLC, Nina’s Discount Oldies
Published: Jun. 12, 2010 | Result Date: May 4, 2010 | Filing Date: Jan. 1, 1900 |Case number: 2:07-cv-05510-GAF-VBK Settlement – $17,000
Court
USDC Central
Attorneys
Plaintiff
Lori Chang
(Greenberg Traurig LLP)
Defendant
Michael R. Blaha
(Law Offices of Michael R. Blaha)
Facts
Defendant Passport International Entertainment LLC (PIE) manufactured and distributed "The Gene Autry 100th Anniversary Collection," which included a five disc DVD set featuring 11 films starring Autry. PIE sold 2,377 united between March and December, 2007, resulting in $22,024 in revenue. Defendant Nina's Discount Oldies (NDO) offered the DVD set through its online store and earned $169 in revenue in August, 2007. Plaintiffs Gene Autry Music Co. and Gene Autry's Western Music Publishing Co. sued PIE and NDO for copyright infringement.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed they had the original copyright for 11 of the musical compositions featured in the films. Plaintiffs contended that PIE and NDO did not obtain permission for use of the songs, nor did they even inquire into the possibility the songs were copyrighted.
DEFENDANTS' CONTENTIONS:
PIE claimed the songs were in the public domain.
Damages
Plaintiffs sought unspecified damages and lost profits.
Result
The parties settled for $17,000.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390