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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Copyright Management Information Must be on Same Web Page

Posted in Summary Judgment

Personal Keepsakes, Inc. v. PersonalizationMall, No. 11 C 5177, Slip Op. (N.D. Ill. May 24, 2012) (Kendall, J.).

Judge Kendall denied plaintiff Personal Keepsakes’ (“PKI”) motion to reconsider in this copyright and Digital Millenium Copyright Act (“DMCA”) case.  The Court previously held that, as a matter of law, a copyright notice on a separate page of a website from the allegedly copied work does not constitute the copyright management information (“CMI”) required by the DMCA.  The Court’s holding was a “natural extension” of the reasoning in Schiffer Publishing, Ltd. v. Chronicle Books, LLC, 2004 WL 2583817 (E.D. Pa. Nov. 12, 2004).  And PKI cited no binding authority contradicting Schiffer or the Court’s analysis.