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· 7/29/2015

Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Citations

  • 795 F.3d 997
  • 115 U.S.P.Q. 2d (BNA) 1576
  • 2015 U.S. App. LEXIS 13197
  • 2015 WL 4547593

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that exclusive licensees can bring suit under the Copyright Act
  • noting that 8 challenges to Article III standing are to be raised through Rule 12(b)(1) motions, but issues 9 regarding statutory standing are to be raised through Rule 12(b)(6) motions
  • noting that \[defendant's] Rule 12 motion to dismiss [because the plaintiff was not the owner of the copyright at issue] should have been brought under Rule 12(b)(6)... rather than under Rule 12(b)(1)... for the issue is statutory rather than Article III standing\
  • “The issue is whether Minden has a statutory right to sue for infringement under the Copyright Act, which is properly addressed in a motion under Rule 12(b)(6
  • “The issue is whether Minden has a statutory right to sue for infringement under the Copyright Act, which is properly addressed in a motion under Rule 12(b)(6
  • “The right ‘to authorize’ these acts is also an ‘exclusive right’ under the Act.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Noonan, Fletcher, Christen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.