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Reger v. Werner
Citation: 225 F. App'x 544Docket: No. 05-56170
Court: Court of Appeals for the Ninth Circuit; March 16, 2007; Federal Appellate Court
Steve Werner appeals pro se from the district court’s summary judgment favoring Jill J. Reger and Jillmerica, LLC regarding the copyright of a fictional character named “Dipuc.” The appellate court has jurisdiction under 28 U.S.C. § 1291 and conducts a de novo review. The court affirms in part and dismisses in part. The district court correctly granted summary adjudication on the Appellees’ claim for declaratory relief because Werner and Fresh Bait did not present a triable issue regarding the transfer of copyrights to the defendants, as outlined in 17 U.S.C. § 204(a). Summary adjudication was also deemed appropriate for the Appellees’ claims for injunctive relief, with the court citing its authority under 17 U.S.C. § 502(a) to issue injunctions against copyright infringement. The court lacks jurisdiction over Werner’s appeal concerning the dismissal of Fresh Bait's counterclaims due to the requirement that corporations and unincorporated associations must be represented by an attorney in court, as established in D-Beam Ltd. P’ship v. Roller Derby Skates, Inc. Additionally, the court finds that Werner’s other arguments lack merit. The final disposition is to affirm in part and dismiss in part, with the ruling not intended for publication or precedent except as specified by 9th Cir. R. 36-3.