Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Intellectual PropertyFeaturesCopyrightsLitigationThe Intellectual Property Strategist

The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment

By Richard Raysman and Elliot A. Magruder
February 01, 2018

On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in Signature Mgmt. Team, LLC v. Doe, 876 F.3d 831 (6th Cir. 2017). The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual. John Doe argued that anonymity should be maintained since he offered protected speech under the First Amendment concomitant to infringing speech, even though plaintiff's competing interest in enforcing its remedy would arguably be impeded. The instant case was not sui generis insofar as it concerned a John Doe defendant seeking to maintain anonymity based on Internet speech; these issues have been a hallmark of the Internet journalism age. However, the Sixth Circuit did break new ground in determining the limit of anonymity for copyright infringement post-judgment.

In an issue of first impression, the Sixth Circuit held that a presumption existed in favor of unmasking anonymous defendants post-judgment, a presumption that should be applied in tandem with the separate presumption in favor of open judicial proceedings. Accordingly, the district court's reliance on a balancing test governing the unmasking of anonymous defendants pre-judgment, i.e., in the discovery phase, was insufficiently tilted toward the presumption of open judicial records (to maintain society's faith in the judiciary) and the need for the non-infringer to enforce its remedy. Accordingly, the Sixth Circuit reversed and remanded to the district court to apply the new test.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.