Firm News

KMZ Rosenman Wins Copyright Infringement Case

March 5, 2003

Chicago – Katten Muchin Zavis Rosenman announced today a victory in the U.S. District Court for the Northern District of Illinois, Eastern Division, in favor of its clients, certain individual officers, directors and shareholders of Compendia Media Group and its predecessor Platinum Entertainment, in a copyright infringement suit.

Judge Robert W. Gettleman delivered an opinion and order on February 27, dismissing claims of contributory and vicarious copyright infringement against the individual defendants. Plaintiff songwriter Dan Seals had sought injunctive relief, damages and attorneys' fees stemming from allegations of unauthorized copying of his master recordings for distribution in the Philippines.

"We are very pleased that the individual defendants were dismissed from this case. The Court correctly applied the specific pleading requirements for claims against individual directors and officers, and found that, buzz words notwithstanding, plaintiff failed to adequately plead that the individuals knew about, participated in or financially benefited from, any of the alleged infringing conduct," said Steve Shebar, one of the senior copyright litigators at Katten Muchin Zavis Rosenman who represented the individual defendants.

"The opinion also clarifies the limitations on the extraterritorial application of the U.S. copyright laws, making clear that mere authorization in this country of allegedly infringing acts that occur in foreign territories will not support a claim under the U.S. copyright laws," Shebar noted.

Katten Muchin Zavis Rosenman (www.kmzr.com) offers integrated, full-service legal capabilities through offices in the nation's largest centers of business, government and technology – New York; Los Angeles; Chicago; Washington; Charlotte, N.C.; Palo Alto, Calif.; and Newark, N.J. The Firm’s more than 600 attorneys in more than 60 practice areas are business advisors and advocates for a wide range of public and private companies – from entrepreneurial, emerging-growth and middle-market firms to global Fortune 100 corporations – as well as government entities and non-profits.