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Big East Entertainment, Inc. v. Zomba Enterprises, Inc.

Citation: 259 F. App'x 413Docket: No. 06-4684-cv

Court: Court of Appeals for the Second Circuit; January 7, 2008; Federal Appellate Court

Narrative Opinion Summary

In the case brought by Big East Entertainment, Inc. against Zomba Enterprises, Inc., the United States District Court for the Southern District of New York ruled in favor of Zomba, a decision later affirmed on appeal. Big East sought damages for alleged copyright infringement of songs from the 1987 album *Criminal Minded* by Boogie Down Productions, or alternatively sought an accounting of profits. The district court denied Big East's cross-motion for summary judgment, citing several grounds: the claim was barred by the statute of limitations under 17 U.S.C. § 507(b); Big East lacked the standing necessary to bring the action; and Big East failed to demonstrate an ownership interest in the disputed copyrights. Despite Big East's claims of successor-in-interest status through mergers with companies associated with the original copyright holder, the court found no written assignment of copyright or adequate evidence to support this assertion. Consequently, the district court's decision to grant summary judgment in favor of Zomba was upheld, effectively dismissing Big East's claims.

Legal Issues Addressed

Requirements for Ownership Interest in Copyright

Application: Big East failed to demonstrate any ownership interest in the copyright of BDP's compositions because there was no written assignment of copyright or sufficient evidence supporting claims of interest acquisition through mergers.

Reasoning: Big East failed to demonstrate any ownership interest in the copyright of BDP's compositions.

Standing in Copyright Infringement Cases

Application: The court found that Big East Entertainment, Inc. lacked standing to bring the copyright infringement action due to an absence of evidence showing ownership interest in the copyrighted compositions.

Reasoning: Big East lacked standing to bring the action.

Statute of Limitations under 17 U.S.C. § 507(b)

Application: The court applied the statute of limitations to bar the copyright infringement claim because the alleged infringement occurred outside the three-year limit prior to filing.

Reasoning: The claim was barred by the statute of limitations under 17 U.S.C. § 507(b).

Successor-in-Interest Claims in Copyright

Application: The court rejected Big East's claim of being a successor-in-interest through mergers due to the lack of evidence and the absence of a written assignment of copyright.

Reasoning: Big East argued it acquired interests through mergers with these companies, a claim unsupported by sufficient evidence.