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Published On: September 23, 2013Categories: CopyrightTags:

New Decision on DMCA Is Interesting for What it Overlooked

http://www.rfcexpress.com/lawsuits/other-personal-property-damage/nebraska-district-court/591873/erin-flynn-v-siren-bookstrand-inc/summary/

Erin Flynn’s publisher, Siren Bookstrand, posted a DMCA take-down letter to Amazon for two of Erin’s books that the publisher argued it had the right of first refusal to publish. Apparently, the mere potential of a contrual right to publish vested Siren with the copyright over the books (even though the publishing agreement did not assign any copyright to the publisher. This decision is strange because the court wanted “irreparable harm” to issue a Temporary Restraining Order where the DMCA clearly authorized injunctive relief.

The court’s decision is Flynn v. Siren Bookstrand, 4:13/3160, 2013 U.S. Dist. LEXIS 135095 (D. Neb., 9/20/2013).