http://disqus.com/by/dhue22/enFri, 14 Aug 2009 17:16:31 -0000http://www.schwimmerlegal.com/2009/08/sdny-c-injunction-limited-to-registered-versions.html#comment-14855488<p>Now that I've read it again, it's not clear that Streetwise Maps would apply. The court doesn't say whether the unregistered versions were earlier than the registered versions (in which case Streetwise Maps would govern) or later than the registered versions (in which case Well Made Toys would govern). </p>dhue22Fri, 14 Aug 2009 17:16:31 -0000http://www.schwimmerlegal.com/2009/08/sdny-c-injunction-limited-to-registered-versions.html#comment-14853283<p>How did the parties and the Court miss the Second Circuit's holding in Streetwise Maps?</p><p>Here's the relevant quote, which is still good law:</p><p>"On the contrary, because Streetwise is the owner of the copyright of both the derivative and pre-existing work, the registration certificate relating to the derivative work in this circumstance will suffice to permit it to maintain an action for infringement based on defendants' infringement of the pre-existing work. That plaintiff need not produce a separate registration relating to the pre-existing work is a proposition which finds support in other courts and in the writings of scholarly commentators. See , e.g. , Greenwich Film Prods. v. DRG Records, Inc. , 833 F. Supp. 248, 251-52 (S.D.N.Y. 1993) (copyright registration of derivative work sufficient for copyright infringement action based on pre- existing work where plaintiff owned the copyrights for both the derivative and pre-existing work); 2 Melville B. Nimmer &amp; David Nimmer, Nimmer on Copyright § 7.16[B][2] (1997) (copyright owners of derivative work that own pre-existing work should be able to pursue copyright infringement action against individuals infringing the pre-existing work, even when only derivative work registered); see also Woods v. Universal City Studios, Inc. , 920 F. Supp. 62, 64 (S.D.N.Y. 1996) (registration of copyright for collective work satisfies requirements of 17 U.S.C. § 411(a) to bring copyright infringement action based on constituent parts where owner of copyright for collective work also owns constituent parts)."</p><p>Am I missing something?</p>dhue22Fri, 14 Aug 2009 16:28:19 -0000