Proof of Infringement Not Required To Obtain Injunction Under DMCA

In Michael J. Rossi dba InternetMovies.com v. Motion Picture Association of America et al., No. CV 0200239 HG, the court ruled that the DMCA does not require a copyright holder to conduct an investigation to establish actual infringement prior to sending notice to an Internet Service Provider (ISP) demanding closure of an allegedly infringing Web site. Under the DMCA, a copyright holder need only assert a 'good faith belief' of infringement to engender an investigation of the accused.

The plaintiff, a Web site with an online directory of artists' works and Internet news magazine providing information and resources about movies on the Internet, filed suit against the MPAA last year as a result of a series of cease and desist orders that accused the plaintiff of distributing unauthorized copies of copyrighted motion pictures. MPAA's complaints ultimately resulted in the shutdown of the defendant's Web site. One of the violations noted by the MPAA was the unauthorized publication of the upcoming third installment of J.R.R. Tolkien's Lord of the Rings trilogy, 'Lord of the Rings: Return of the King,' which is due to be released in December 2003. The MPAA failed to prove that any such violations occurred.