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Lutzker & Lutzker Defeats Motion for Summary Judgment on Copyright Claims in 88 LLC Case

Following oral argument by Arnold Lutzker, Judge Peter Messitte of the U.S. District Court for the District of Maryland ruled from the bench, rejecting an Army contractor’s claim that it had an implied license to use the copyrighted work of 88 LLC, a D.C. area multi-media production company it had engaged to do video work for training modules to educate soldiers, their families and medics about traumatic brain injuries.  The court also rejected the Defendants’ theory that they were co-authors of 88 LLC’s work and that 88 LLC should be estopped from pressing forward.  Lutzker & Lutzker filed the copyright infringement and breach of contract suit in June 2010 when, despite repeated promises from the contractor, 88 LLC was never paid for the work it performed and the programming it delivered.   Discovery is ongoing, and a trial date has been set for January 2013.