17 U.S.C. §412 precluded developer of honey harvesting aid from seeking statutory damages for mail-order seller’s copying of advertising text in catalogue.

The suit by the developer of a honey harvesting aid used by beekeepers alleging that a mail-order business infringed his copyright in advertising copy for the device was properly dismissed because the first allegedly infringing act occurred before the product was registered, U.S. Court of Appeals in New York City has ruled, affirming a lower court’s grant of summary judgment to the mail-order business. The Second Circuit also affirmed the lower court’s dismissal of the developer’s Digital Millennium Copyright Act (DMCA) claim because removing the developer’s name from advertising copy did not qualify as the removal of copyright management information (CMI) that the DMCA sought to prevent (Fischer v. Forrest, August 4, 2020, Parker, B.).

Case date: 04 August 2020
Case number: No. 19-20505
Court: United States Court of Appeals, Second Circuit

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Copyright Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *