In this copyright dispute involving ownership of images of Bob Marley, Bob Marley’s estate and the artist filed cross-motions for summary judgment on various claims and counterclaims. Judge Neiman’s order disposing of the motions can be found here.
The Estate’s Motions
The court dismissed the artist’s claims for copyright infringement as time-barred since the artist waited more than three years from when he knew of the dispute before bringing claims against the estate. The court also dismissed the artist’s unjust enrichment claim as preempted by the Copyright Act. Judge Neiman refused to grant summary judgment for the estate on the declaration of copyright ownership since there are material facts in dispute with regard to ownership of the images.
The Artist’s Motions
Plaintiff’s summary judgment motions for breach of contract, unfair competition, and a declaration of copyright ownership were also denied due to disputes of material fact.
Plaintiff’s motion to dismiss the counterclaim asserting that the artist brought a frivolous claim was granted.
Zamoyski v. Fifty-Six Hope Road Music Ltd., 08-30125-KPN (D. Mass. June 2, 2010)
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