365 F. Supp. 3d 164
D.D.C.2019Background
- In October 2006 Foss contracted with Marvic to create artwork for Marvic's catalogue; Foss alleges Marvic later modified and continued to use the work without permission or payment.
- Foss registered the brochure with the Copyright Office in March 2018 and later filed an amended complaint asserting copyright infringement, breach of contract, and several tort claims.
- Marvic moved to dismiss Count I (copyright infringement) and Count V (breach of contract) for failure to state a claim.
- The court stayed the case briefly pending the Supreme Court's decision in Fourth Estate, which clarified registration timings under 17 U.S.C. § 411(a).
- The court construes Foss's pro se pleadings liberally but applies Rule 12(b)(6) standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Foss may maintain a copyright infringement suit given the status of her registration | Foss claims she registered the copyright in March 2018 and may sue for infringement | Marvic contends suit is premature unless the Copyright Office has completed registration | Dismissed: under Fourth Estate and §411(a) a civil action cannot proceed until the Register has registered the copyright (office had not acted) |
| Whether Foss pleaded breach of contract with sufficient specificity to survive a 12(b)(6) motion | Foss alleges a 2006 service contract, performance, unauthorized modification/use, and unpaid compensation | Marvic argues the contract allegations are too vague to provide fair notice | Denied: complaint adequately summarizes the contract’s legal effect and gives sufficient notice under Rule 8(a) |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard for Rule 12(b)(6))
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (context-specific plausibility inquiry and limits on conclusory allegations)
- Erickson v. Pardus, 551 U.S. 89 (2007) (pro se pleadings are construed liberally)
- Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1 (1st Cir. 2011) (focus on reasonable inferences supporting liability)
- Langadinos v. American Airlines, Inc., 199 F.3d 68 (1st Cir. 1999) (accept well-pleaded facts as true on a motion to dismiss)
- Coquico, Inc. v. Rodriguez-Miranda, 562 F.3d 62 (1st Cir. 2009) (copyright owner’s exclusive rights include derivative works)
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991) (elements of copyright infringement: valid copyright and copying of original elements)