Case Study: Fantastic Fakes, Inc. V. PICKWICK International

1716 Words 7 Pages
Institutional Affiliation:
The plaintiff, Fantastic Fakes Inc a company producing rerecording of hit singles and ‘sound- alikes’ entered into a licensing agreement with a world record distribution company, the defendant-appellant, Pickwick international Inc. The two companies signed the contract in April 1976 that granted Pickwick international the right to distribute the rerecording copyrighted by Fantastic Fakes Inc. The licensing agreement gave Pickwick International as the licensee, rights to sell and distribute recordings produced by master sound recordings to the public. However, these rights could not be transferred or assigned to another party by
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Pickwick, on the other hand, made numerous derivatives from the recordings for sale as their inventory which was not in accordance with the terms. According to the records, however, all the copyrighted materials was after a copyright notice. In 1977, Fantastic Fakes realized that the copyright notice used by the defendant was incorrect and they filed a case with the US District Court for the Northern District of Georgia. The plaintiff claimed that the defendant was not liable for infringement of copyrights for failure to affix the proper notice of the products they distribute. The plaintiff made claims on six counts followed by a claim for relief and damages. On the appeal however only the first and third counts were issues on the appeal claiming that Pickwick International failed to state the notice of copyright of the plaintiff’s products. Pickwick International Inc also filed a motion for the partial judgment of the claims filed by the plaintiff on all accounts. The court, however, ruled that the defendant's actions of posing as copyright owner was not considered as infringement under any of the Copyright laws of the state of

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