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Edy Clover Productions, Inc. v. National Broadcasting Co.

United States Court of Appeals, Third Circuit
Feb 27, 1978
572 F.2d 119 (3d Cir. 1978)

Summary

In Edy Clover Productions, Inc. v. National Broadcasting Co., 572 F.2d 119 (3d Cir. 1978), an allegedly infringing television program, created by a California television producer for nationwide broadcast, was broadcast into the forum state, New Jersey.

Summary of this case from Beckwith Builders, Inc. v. Depietri

Opinion

No. 77-1693.

Submitted February 16, 1978.

Decided February 27, 1978.

Douglas C. Fairhurst, Susan M. Campbell, New York City, Goodman Stoldt, Hackensack, N. J., Townley Updike, New York City, for appellant, Heatter-Quigley, Inc.

Kenneth S. Javerbaum, Bloom Javerbaum, Springfield, N. J., for appellee.

Appeal from the United States District Court for the District of New Jersey.

Before GIBBONS and HUNTER, Circuit Judges, and STAPLETON, District Judge.

Honorable Walter K. Stapleton, United States District Judge for the District of Delaware, sitting by designation.


OPINION OF THE COURT


Heatter-Quigley, Inc., a California corporation which produces television game shows in California, is one of several defendants sued in the District of New Jersey for copyright infringement and unfair competition. It appeals from an interlocutory order denying its motion to dismiss for lack of in personam jurisdiction. The plaintiffs in the action are Edy Clover Productions, Inc., a New Jersey corporation doing business in New Jersey, and its president Marc Goodman, a New Jersey resident. The complaint alleges that a game show named "The Magnificent Marble Machine," broadcast by the National Broadcasting Company, Inc. (NBC), from a New York transmitter to television receivers in New Jersey, infringes a copyrighted television script owned by the plaintiffs. The affidavits on file establish that Heatter-Quigley produced the allegedly infringing series in California and furnished it to NBC, knowing that it would be so broadcast. We affirm the order of the district court.

The case is before us pursuant to a certificate under 28 U.S.C. § 1292(b).

It is clear that a state has an interest in protecting its residents from interstate transmissions which infringe their copyrights. The state has, therefore, an interest in providing a forum. It is also clear that a producer of a television program, who knows that the production will be transmitted interstate, can anticipate that infringement may result at places remote from the place of production. There is, therefore, no unfairness in requiring the producer to answer such a charge in the state in which it arises. See Empire Abrasive Equipment Corp. v. H.H. Watson, Inc., 567 F.2d 554 (3d Cir. 1977).

The order appealed from will be affirmed.


Summaries of

Edy Clover Productions, Inc. v. National Broadcasting Co.

United States Court of Appeals, Third Circuit
Feb 27, 1978
572 F.2d 119 (3d Cir. 1978)

In Edy Clover Productions, Inc. v. National Broadcasting Co., 572 F.2d 119 (3d Cir. 1978), an allegedly infringing television program, created by a California television producer for nationwide broadcast, was broadcast into the forum state, New Jersey.

Summary of this case from Beckwith Builders, Inc. v. Depietri

In Edy Clover Productions, Inc. v. National Broadcasting Company, Inc., 572 F.2d 119 (3d Cir. 1978), the Third Circuit applied the Empire tests to find jurisdiction in a suit for copyright infringement.

Summary of this case from Donner v. Tams-Witmark Music Library, Inc.
Case details for

Edy Clover Productions, Inc. v. National Broadcasting Co.

Case Details

Full title:EDY CLOVER PRODUCTIONS, INC., AND MARC GOODMAN v. NATIONAL BROADCASTING…

Court:United States Court of Appeals, Third Circuit

Date published: Feb 27, 1978

Citations

572 F.2d 119 (3d Cir. 1978)

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