One Case Ongoing and Two Cases Closed
On April 1st, 2024, we reported on a case involving professional photographer Mando Morlos (“Morlos”) and St. Francis High School - Salesian College Preparatory ("St. Francis") for copyright infringement and breach of contract. In his complaint, Morlos argued that St. Francis had used hundreds of his photos on their website, and various school employees and administrators had also used his pictures on their social media accounts.
On June 13, 2024, St. Francis asked the court to extend the deadline to file their answer. After their petition was granted, they filed a Motion to Dismiss on June 20, 2024.
In their motion to dismiss, St. Francis argues that Morlos’ breach of contract claim is preempted because the clauses in their contract are all covered by copyright law. They contend that breach of contract, being a state law matter, cannot take precedence over federal copyright law. Therefore, St. Francis argues that only the copyright claim should be left on the table to be decided on this case.
The preemption issue is more nuanced than it seems. According to federal law, if a contract dealing with copyrighted material only ensures rights already safeguarded by copyright law, such as the right to reproduce or distribute the work, it is considered under federal law and not state law. For example, contracts that simply restate these exclusive rights without adding new obligations fall under this category.
On the other hand, if a contract includes clauses that create additional rights beyond those granted by copyright law, like specific obligations for paying royalties, providing attribution, adhering to usage restrictions, or other terms that go beyond mere copyright protection, then the claim will be treated as a matter of state law, like a breach of contract.
In Response to St. Francis’ motion, Morlos contended that St. Francis's arguments were flawed, asserting that their contract was indeed “qualitatively different” than just ensuring the rights of copyright law. However, when stating those differences, Morlos only mentioned a clause that required St. Francis to pay him for services in the upcoming year and that the photos taken would be used for a limited period.
Now, whether those two clauses are enough to make the contract preemptive or not is up to Judge Trina L. Thompson to decide. Whether this case will be based on the matter of copyright or contract law, we have yet to see. Further updates will be released as the case evolves.
On April 15, 2024, we reported on a case involving Alex Vladimir Maxim (“Maxim”) and Rutgers, the State University of New Jersey (“Rutgers”). Maxim had sued Rutgers for allegedly using his photographs on their website. However, on May 15, 2024, Maxim voluntarily filed a Notice of Dismissal asking the court to dismiss his case, even though the defendants had not yet filed their Answer. Consequently, the case was closed accordingly.
Also in April, we reported on a case involving the Moody Independent School District in Texas and the plaintiff, John Price. The case concerned an artistic graphic design that Price had created to print on shirts for his two sons. Price argued that the District had used his copyrighted work without his consent for about ten years. The District filed a Motion to Dismiss for failure to state a claim on February 8, 2024, and the court gave Price until April 18 to respond. However, on April 15, the parties filed a Stipulation of Dismissal indicating that they had reached an agreement for voluntary dismissal, and the case was officially closed on May 9, 2024.