Haytham: Did you get to look at this yet? I have only tweaked one of the affirmative defenses. As I said below, I did not find any more defenses. However, this is a complicated area of law that I really don't know anything about. Did you speak with the IP attorney you associated for this case? You stated that the amended answer is due tomorrow. Mary Jo From: MaryJo Provenzano [mailto:maryjo1@puckettfaraj.com] Haytham: Mary Jo From: MaryJo Provenzano [mailto:maryjo1@puckettfaraj.com] 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 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DC ׀ CA ׀ MI ׀ VA twitter.com/puckettfaraj Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender. No virus found in this message. No virus found in this message. |
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ANSWER AMENDED OF ADC.docx
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