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William James, et al. v. Barbara Hunt, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-14866 · judgment December 20, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

RULE 14.1(a) A. Whether the U.S. Copyright Act and Clause 17 U.S.C. 501, the Copyright Act Clause and the First Amendment of the U.S. Const., Art. 1, Sec. 8, equally provide protection for film use of literary writers’ rights to how music writers’ rights.

  1. Whether literary works are protected under the law for “plagiarism” similarly positioned to “snippets or sampling” use of music as to Authors ideas to create a new body of work unfairly not compensating both protected under the Copyright Act for owners’ rights.

  2. Whether under federal law does film and music corporations provide to writer’s credits and compensation to both music and film industry equally. The copyright infringement laws under the federal copyright act currently does not protect samples of writer’s works in film as in compared to writers works used in samples of music, yet film and music fall under the same protections, the companies compensate music owners for scoring and soundtracks in films, but not sampled film scripts and manuscripts.

  3. Whether major and minor film production studios should properly license literary copyright owners for works of creative ideas or samples that plaigerize Owners’ works protected under the First Amendment, when profiting on two or more predicate acts of the same nature for a pattern of more than ten years by the same company injuring different copyright owners and violating their federally protected intellectual property.

Counsel of record

For petitioner
William James

For respondent
Tom J. Ferber
Pryor Cashman LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 18 2019
    Supplemental brief of petitioners William James, et al. filed. (Distributed)
  3. Aug 14 2019
    Waiver of right of respondent Judge Thomas W. Thrash, Jr. to respond filed.
  4. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  5. Jun 24 2019
    Waiver of right of respondents Barbara Hunt; Oprah Winfrey Network (OWN); Harpo, Inc.; Oprah Winfrey; The Tyler Perry Company, Inc.; Tyler Perry Studios, LLC; Tyler Perry; and Lionsgate Entertainment, Inc. to respond filed.
  6. May 14 2019
    Petition for a writ of certiorari filed. (Response due July 22, 2019)