Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

Articles Posted in Copyright
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Art Etc., LLC sought a declaratory judgment that the sale of inventory purchased from Angel Gifts, Inc. and Donald Schmit would amount to copyright infringement in violation of the United States Copyright Act. Angel Gifts and Donald Schmit moved to stay the proceedings pending arbitration, invoking an arbitration provision in an agreement between the parties. The district court denied the motion. The Eighth Circuit Court of Appeals affirmed, holding (1) the parties intended for the arbitration provision to apply only under certain circumstances; and (2) Art. Etc.'s claims did not fall within the scope of the arbitration provision. Thus, arbitration in this case was not required. View "Art Etc. LLC v. Angel Gifts, Inc." on Justia Law

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Appellants (AVELA) appealed a permanent injunction prohibiting them from licensing certain images extracted from publicity materials for the films "Gone with the Wind" and "The Wizard of Oz," as well as several animated short films featuring the cat-mouse duo "Tom & Jerry." At issue was whether the district court properly issued the permanent injunction after granting summary judgment in favor of appellee (Warner Bros.) on their claim that the extracted images infringed copyrights for the films. The court affirmed in large part the district court's grant of summary judgment to Warner Bros. on the issue of copyright infringement and the resulting permanent injunction. The court reversed with respect to one category of AVELA products, and vacated in corresponding part the permanent injunction entered by the district court. The court remanded for modification of the permanent injunction and further proceedings with the opinion.