Intellectual Property Law

American Buddha: The Injured Copyright Can Sue In NY Where It Lives

By Marty Schwimmer

Personal jurisdiction is a matter of state law. NY copyright owner (Penguin) sues Oregon/Arizona entity in New York for uploading copyrighted works onto website.  The Federal District Court dismisses for lack of long arm jurisdiction under NY's statute.  Looking to NY's highest court for interpretation of its state statute, the Second Circuit certified the following question to the state Court of Appeal:

In copyright infringement cases involving the uploading of a copyrighted printed literary work onto the Internet, is the situs of injury for purposes of determining long-arm jurisdiction under NY CPLR Section 302(a)(3)(ii) the location of the infringing action or the residence or location of the principal place of business of the copyright holder?

NY COA answer:  The location of the copyright holder.

TechDirt reaction here.

Ny Coa Long Arm Jurisdiction American Buddha

Full post as published by Trademark Blog on March 30, 2011 (boomark / email).