Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc.
722 F.3d 591
| 4th Cir. | 2013Background
- MRIS operates an online MLS and holds copyrights in photographs in its database; subscribers upload listings and assign MRIS rights via the TOU.
- MRIS registers the MRIS Database and asserts ownership of photographs through quarterly registrations for automated databases.
- AHRN operates NeighborCity, a real estate referral site that displays listings and photographs from MRIS and other sources without altering data.
- MRIS sent a cease-and-desist to AHRN; MRIS then sued AHRN for copyright infringement and sought a preliminary injunction on MRIS photographs.
- The district court issued a revised preliminary injunction limiting use to MRIS photographs and conditioned relief on MRIS posting security; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MRIS validly own copyright in the photographs? | MRIS owns the photographs through transfer by subscribers and registration. | AHRN contends registrations do not cover individual photographs due to registration scope and TOU transfer issues. | MRIS ownership valid; registrations cover photographs. |
| Whether MRIS properly registered the photographs under Section 409 prior to suit | Registrations for automated databases extend to component photographs. | Registrations were insufficient to cover individual photographs absent listing of authors/titles. | Pre-suit registration requirement satisfied; MRIS allowed to sue for infringement. |
| Whether an electronic TOU assent can satisfy Section 204(a) writing/signature requirement | Electronic assent constitutes a written transfer of copyright rights under the E-Sign Act. | TOU assent cannot constitute a writing under Section 204(a) without explicit formality. | Electronic agreement may effect a valid transfer under Section 204(a). |
| Whether MRIS’s claim is barred by registration scope or compilation/collective-work principles | MRIS owns the copyrights in photographs as component works within the database. | Unclear if compilation registration covers individual photographs; challenge to overlap. | MRIS’s registration scope appropriate; component works covered. |
Key Cases Cited
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991) (creativity required for copyright; not all compilations are uncopyrightable)
- Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010) (pre-suit registration requirements and scope of registration)
- Eden Toys, Inc. v. Florelee Underwear Co., 697 F.2d 27 (2d Cir. 1982) (writing requirement for copyright transfers; transfers must be in writing)
- Radio Television Espanola S.A. v. New World Entm’t, Ltd., 183 F.3d 922 (9th Cir. 1999) (electronic forms of contract instruments and signatures considerations)
- Lyrick Studios, Inc. v. Big Idea Prods., Inc., 420 F.3d 388 (5th Cir. 2005) (signing requirements for copyright transfer; writing is sufficient)
- Specht v. Netscape Commc’ns Corp., 306 F.3d 17 (2d Cir. 2002) (electronic agreements; assent and writing considerations)