Advance Magazine Publishers Inc v. Leach
United States District Court for the District of Maryland
466 F. Supp. 2d 628 (2006)
- Written by Eric Miller, JD
Facts
Advance Magazine Publishers, Inc. (plaintiff) held copyrights on more than 500 stories that were originally published in 1930s and 1940s pulp magazines. David Leach, d/b/a David Moynihan, d/b/a Disruptive Publishing (Leach) (defendant), operated two websites on which he sold scanned digital copies of the pulp stories. Advance Magazine Publishers brought suit under the federal Copyright Act of 1976 and the Digital Millennium Copyright Act, seeking a permanent injunction against Leach’s reproduction and publication of the stories. Leach asserted that he had acquired the rights to the stories by adverse possession. Leach argued alternatively that adverse possession qualified as a transfer by operation of law under the Copyright Act. Advance Magazine Publishers moved for partial summary judgment.
Rule of Law
Issue
Holding and Reasoning (Chasanow, J.)
What to do next…
Here's why 789,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
