Bit Parts

The U.S. Court of Appeals for the Second Circuit ruled that choreography created by dance legend Martha Graham ' while she was artistic director of a school that bore her name and that was “created to serve the creative endeavors of an artistic genius” ' belonged to the school. Martha Graham School and Dance Foundation Inc. v. Martha Graham Center of Contemporary Dance Inc., 02-9451(L). In reaching its conclusion, the appeals court noted, among other things, “In arguing that Graham's dances were not created at the 'instance' of the Center, the [plaintiffs] endeavor to give that word a more particularized meaning than is appropriate for the context in which the 'instance and expense' [work-for-hire] test applies. There is no need for the employer to be the precipitating force behind each work created by a salaried employee, acting within the scope of her regular employment.”

Film Disputes/Proper Venue

The U.S. District Court for the Southern District of New York granted a motion to transfer a lawsuit brought over the defendants' film “Drumline” to the Central District of California. Lassiter v. Twentieth Century Fox Film Corp., 03 Civ. 8174 (RO). The plaintiffs allege copyright infringement and Lanham Act violations arising from their film “Pay the Price,” which like Fox's “Drumline,” is about African-American college bands. The Manhattan district court first noted that Fox's principal place of business is in Los Angeles. Then in granting the transfer request, the court stated, “Fox argues that this case belongs in California because a substantial number of witnesses and records are located there. Others are scattered around the country. Few are to be found in New York, and fewer still in the Southern District of New York.”

Internet Downloading/ Copyright Damages