Copyright Law

Defendant moves to amend answer in SONY BMG Music Entertainment v. Tenenbaum

By Ty Rogers and Ray Beckerman

In SONY BMG Music Entertainment v. Tenenbaum, the defendant has made a motion for leave to amend his answer.

The proposed amended answer contains only a single affirmative defense, fair use.

Motion for leave to file second amended answer
Proposed second amended answer

[Ed. note. It would seem that the proposed amended answer omits at least several affirmative defenses which might have been included, such as (a) innocent infringement, (b) unconstitutionality under the Due Process clause, (c) unclean hands, (d) copyright misuse, (e) waiver and estoppel, and (f) inability to collect statutory damages for recordings whose registration effective date was subsequent to defendant's commencement of operating an "online media distribution system" (not technically an affirmative defense but something which be included as one), etc. -R.B.]

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Full post as published by Recording Industry vs The People on April 15, 2009 (boomark / email).