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Nancey Silvers v. Sony Pictures Entertainment, Inc.

Citations: 330 F.3d 1204; 66 U.S.P.Q. 2d (BNA) 1951; 2003 Cal. Daily Op. Serv. 4650; 2003 Daily Journal DAR 5894; 2003 U.S. App. LEXIS 10948; 2003 WL 21264318Docket: 01-56069

Court: Court of Appeals for the Ninth Circuit; June 3, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, Sony Pictures Entertainment, Inc. challenged a district court ruling that allowed Nancey Silvers, a writer, to pursue a copyright infringement lawsuit against Sony after receiving an assignment of claims. Silvers alleged that Sony's film 'Stepmom' infringed upon her earlier work, 'The Other Woman.' The central legal issue involved the assignability of accrued causes of action for copyright infringement under 17 U.S.C. § 501(b). The Ninth Circuit reviewed whether such assignments are valid without transferring other copyright rights, referencing precedent from Prather v. Neva Paperbacks, Inc., which permitted similar assignments. The court also considered arguments regarding public policy and the potential for multiple litigations. Ultimately, the court upheld the district court's decision, affirming that assigning accrued causes of action is consistent with copyright law and public policy. This ruling allows Silvers to continue her suit against Sony, reinforcing the principle that accrued claims can be independently assigned and litigated, provided the assignment is clearly articulated.

Legal Issues Addressed

Assignment of Accrued Causes of Action under Copyright Law

Application: The court affirmed that an accrued cause of action for copyright infringement can be assigned to a third party, allowing the assignee to sue for infringement independently of the assignor.

Reasoning: Sony Pictures Entertainment, Inc. appeals a district court decision affirming that an accrued cause of action for copyright infringement can be assigned to a third party, thus allowing the assignee to sue for infringement.

Interpretation of 17 U.S.C. § 501(b)

Application: The court clarified that 17 U.S.C. § 501(b) permits the assignment of accrued causes of action, supporting the view that such assignments do not require the transfer of other copyright rights.

Reasoning: The court further clarified its position on 17 U.S.C. § 501(b), stating that the statute does not limit the right to bring copyright infringement suits solely to legal or beneficial owners of an exclusive right.

Nimmer on Copyright's Position on Assignment of Infringement Claims

Application: Nimmer on Copyright supports the view that an assignee of an accrued infringement claim can sue independently, even if the assignor retains other rights, which the court found applicable in this case.

Reasoning: Nimmer on Copyright supports this view, stating that an assignee of an accrued infringement claim can sue independently of the assignor, even if the assignor retains other rights.

Public Policy Considerations in Assignment of Causes of Action

Application: The court rejected Sony's argument that such assignments should be void for public policy reasons, noting the lack of supporting cases and affirming the permissibility of these assignments.

Reasoning: Sony contends that such assignments should be considered void for public policy reasons... This argument is deemed unfounded, as there are no supporting cases cited by Sony, and precedent from the Fifth Circuit supports that such assignments are permissible and do not violate public policy.