Partner Ed McPherson filed a Motion For Partial Summary Judgment on behalf of Atlantic Recording Corporation, Durrell Babbs p/k/a Tank and Johnnie Newt p/k/a J.Valentine seeking dismissal of the plaintiff’s claim for an entitlement to statutory damages and attorneys’ fees in connection with his claim for copyright infringement.  The plaintiff failed to register his work prior to the the alleged infringement, and ultimately did not file the registration until nearly three years after the first publication of his work.

Based on undisputed evidence presented that the alleged infringement occurred prior to registration, and because the evidence failed to support the plaintiff’s request, on December 26, 2018 the court granted summary judgment on the issue of statutory damages and attorneys’ fees.