FW: Additional Affirmative Defenses Jandali v. ADC

Haytham:
I am attaching below my previous email about the ADC Amended Answer that I sent you on December 7. I am also attaching the Amended Answer making the change I suggested to the Fourth Affirmative Defense. I do not know whether you want to assert any defense suggested in my last paragraph below about Jandali not registering with LOC for copyright since I do not even know if this is an allowable defense. I could not find anything more, as I stated below. Please let me know if this is the thing that you wanted by December 23. Your email said that our complaint on ADC was due December 23, but we are the defendant, so I am guessing you mean that we have to file the Amended Answer by Dec 23. Please advise if you meant something else. I will work on the other things now.

Mary Jo

From: MaryJo Provenzano [mailto:maryjo1@puckettfaraj.com]
Sent: Wednesday, December 07, 2011 2:30 PM
To: 'Haytham Faraj'
Subject: Additional Affirmative Defenses Jandali v. ADC

Haytham:

I have looked at Title 17 USC to see if there are any more affirmative defenses that we could list. I don’t see anything more, but based on the new information about the Facebook post prior to the Convention, we could add the following language to the Fourth Affirmative Defense just before the last sentence:

Plaintiff was advised by Defendant prior to June 11, 2011 that his YouTube post of the song “Watani Ana” would be played at the Convention. However, Plaintiff failed to object to the playing of the song at any time prior to the filing of this lawsuit; nor did Plaintiff avail himself of any remedy prior to the Convention on June 11, 2011 such as requesting a temporary injunction pursuant to 17 U. S. C. §502(a).

The only other thing I can think of is that there was not copyright (and apparently still is not one) of this work in the US Library of Congress. If we are going to assert this as a defense I would feel better if your copyright attorney would have some input, because I see nothing in 17 USC 106 that requires someone to register a copyright in order to assert it. However, if he is required to register before he can sue, then I think we should add that as another defense, however weak it is.

Mary Jo Provenzano

Paralegal

PUCKETT & FARAJ, PC

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