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Universal Furniture Int. Vs. LA, Inc.: Case Study

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Roclantic must prove that Benes copied constituent elements of the work that are original. Feist, 499 U.S. at 361. Under the United States Court of Appeals for the Fourth Circuit Jurisdiction, a plaintiff must either prove that the defendant copied elements directly or plaintiff “may create a presumption of copying by indirect evidence” establishing (1) defendant had access to the copyrighted work and (2) defendant's work is substantially similar to protected material. Universal Furniture Int'l, Inc. v. Collezione Europa USA, Inc., 618 F.3d 417, 435 (4th Cir. 2010). RocLantic currently has no evidence to show directly that Benes copied “Empire State of Mind,” but they will be able to show a presumption of copying through evidence that Benes …show more content…
Id. at 354. In Bouchat, the plaintiff faxed potential designs for a new National Football Team’s logo to the manager of the stadium, where the new team was scheduled to play. Id. at 352-53. The stadium manager promised to send the designs to the team and shared an office space with new team’s owner. Id. The fax was sent to the stadium manager’s shared office space and when the new logo was released the plaintiff felt it looked similar to his proposed logos but he had not been informed that his design was chosen. Id. The court made clear that speculative reasoning, when intermediaries are involved, about access to the drawings would not satisfy the access requirement. Id. at 354. However, the court held the plaintiff had showed by a preponderance of the evidence that the drawings had been faxed to the stadium manager and team owner’s shared office space. Id. While the plaintiff was unable to prove the team owner had seen the drawings directly, the court ruled in the plaintiff’s favor because the drawings had been faxed to the team owner’s office granting access. Id. at …show more content…
In Takeall, the plaintiff claimed his stand up act was widely disseminated and that he had performed his act at many theaters. The court did not agree as it speculated the plaintiff’s claims were likely false. In contrast, the YouTube video for “Empire State of Mind” has been viewed two hundred million times and was widely played and performed on radio and television. Benes will counter this, arguing the posting of a YouTube video does not constitute access. However, in contrast to Graphics, in which a relatively unknown house planner posted their plans on the Internet, Shawn Carter and Alicia Keys are widely known and followed by fans. The posting of a video featuring the two artist is much more substantial than house plans and the court will likely hold that access can be inferred through wide

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