Copyright in the Beating of Reginald Denny Video

In a case involving the video footage depicting the beating of Reginald Denny during the 1992 Los Angeles riots, the United States Court of Appeals for the Ninth Circuit recently overturned the decision of the Federal District Court and ruled that the Los Angeles News Service, Inc. (LANS), the owners of the copyright in the footage, were permitted to sue CBS Broadcasting, Inc. for copyright infringement. The District Court's ruling in favour of Courtroom Television Network (Court TV) was upheld. The video, depicting rioters beating truck driver Reginald Denny, was filmed by the owners of LANS, which is an independent news gathering organization. LANS subsequently obtained copyright in the footage. In 1999, in response to allegedly unlicensed use of the video footage, LANS commenced an action against the defendants, CBS Broadcasting, Inc. and Court TV, for copyright infringement and moved for partial summary judgment on the issue of liability. The defendants in turn moved for summary judgment on the basis that any use of the video was protected under the doctrine of fair use. The appellate court remanded the action for further proceedings. The court held that specific items, including the videotape, were admissible into evidence and moreover, "that a reasonable jury could find from the admissible evidence that CBS infringed LANS's copyright". However, with respect to Court TV's use of the footage - specifically a rebroadcast of a clip from the footage to promote coverage of the trial of Denny's alleged assaulters - the court affirmed the application of the fair use defence. For a copy of the decision, visit: http://makeashorterlink.com/?G2B721CD1