IP Law Daily, COPYRIGHT—S.D. Miss.: A content aggregator app developer could be liable for infringing a newspaper’s registered works, (Mar 23, 2022)

By Kevin M. Finson, J.D.

The newspaper’s claims alleging infringement of unregistered works and violations of state law were dismissed.

A newspaper can pursue copyright infringement claims against a developer of a content aggregator app that copied the newspaper’s registered works, the federal district court in Jackson, Mississippi, has decided. However, the court dismissed the newspaper’s infringement claims to the extent they were based on recovery of damages for alleged copying of unregistered works. The court also dismissed the newspaper’s state claim claims as preempted by the Copyright Act (Emmerich Newspapers, Inc. v. Particle Media, Inc., March 21, 2022, Johnson, K.).

Particle News Media, Inc. (Particle) developed an app called “NewsBreak,” which compiled local, national, and international news stories based on the location of the user. Emmerich Newspapers, Inc., (Emmerich), a news organization that owned work republished on the NewsBreak app, brought suit against Particle alleging infringement of registered and unregistered copyrights, as well as related state law claims. Particle moved to dismiss the infringement claims based on unregistered copyrights and the state a law claims.

Unregistered copyright. Citing Section 411 the Copyright Act, the court noted that no action for infringement could be instituted prior to registration of the work at issue. The court dismissed the claims for damages based on unregistered copyrights, but preserved those related to registered copyrights. The court also noted that it would allow recovery of prospective injunctive relief as to both registered and unregistered copyrights to proceed as a result of the alleged infringement of registered copyrights.

State law claims. Particle argued that the state law claims for tortious interference with business relations, unjust enrichment, and civil conspiracy were preempted by the federal Copyright Act. Emmerich’s claims were based on Particle “poaching readers” and all centered around the reproduction of copyright protected material. Determining that the state law claims were preempted, the court dismissed them. The court also dismissed Emmerich’s request for punitive damages because those damages were only available under the state law claims.

The Case is No. 3:21-cv-00032-KHJ-MTP.

Attorneys: Wilson H. Carroll (Wilson Carroll, PLLC) for Emmerich Newspapers, Inc. Stephen J. Carmody (Brunini, Grantham, Grower & Hewes, PLLC) for Particle Media, Inc. d/b/a News Break.

Companies: Emmerich Newspapers, Inc.; Particle Media, Inc. d/b/a News Break

Cases: Copyright MississippiNews GCNNews