975 F. Supp. 2d 920
N.D. Ill.2013Background
- PKI (Personal Keepsakes, Inc.) sells personalized gift items containing poetic verses on poetrygifts.com; PKI claims Techny Advisors sells competing items containing PKI's verses.
- PKI alleges Techny copied portions of PKI's registered collection (TXu 586-707), including the short verse: “May the strength of the Holy Spirit be with you, guiding you every day of your life.”
- PKI asserts (Count I) copyright infringement and (Count II) violations of the DMCA by removing or altering copyright management information (CMI) and providing false CMI on Techny’s website.
- Techny moved to dismiss under Fed. R. Civ. P. 12(b)(6) arguing the disputed phrase is unprotectable (common/short), the registration covers an entire collection not the isolated line, there is no substantial similarity after filtering unprotectable elements, and alleged CMI was not conveyed with the works.
- The court considered exhibits and the full registration and concluded the single sentence is too common and brief to be copyrightable, the registration covers a multi‑poem compilation (not the isolated phrase), and the DMCA theory fails because the alleged CMI was not conveyed on the poems themselves.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the disputed sentence is copyrightable | PKI: the sentence is part of its copyrighted poem/collection and covered by registration TXu 586-707 | Techny: the sentence is a short, common blessing lacking originality and thus unprotectable | Court: not copyrightable — too common and brief; complaint fails to plausibly allege a valid copyright |
| Whether the registration covers the isolated sentence | PKI: registration for the collection supports protection of the excerpt | Techny: registration is for an "entire collection of poems," not the individual line | Court: registration covers a compilation, not the fragment; copyright does not protect isolated fragments removed from compilation |
| Whether works are substantially similar after filtering unprotectable elements | PKI: phrases are virtually identical, showing copying | Techny: ubiquity of blessing language and short length mean similarities are not probative | Court: after filtering unprotectable/common elements, no substantial similarity remains; inference of copying inadequate |
| Whether DMCA claim (removal/false CMI) stands | PKI: Techny removed PKI’s CMI (site name, titles, copyright notice) and displayed false CMI attributing ownership | Techny: alleged CMI was not conveyed with the poems; footer/site notices are not CMI "on" the works | Court: DMCA claim dismissed — CMI must be conveyed with the work (on or in close proximity), and Techny’s site/footer notices do not constitute removed/false CMI for the poems |
Key Cases Cited
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (copyright requires originality)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for complaints)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading legal conclusions insufficient)
- West v. Peters, 692 F.3d 629 (ubiquity of phrase can rebut copying inference)
- Incredible Techs., Inc. v. Virtual Techs., Inc., 400 F.3d 1007 (ordinary observer test and filtering unprotectable elements)
- Mid Am. Title Co. v. Kirk, 59 F.3d 719 (originality requirement in copyright)
- Alberto‑Culver Co. v. Andrea Duman, Inc., 466 F.2d 705 (short phrases not appreciable original text)
- Wildlife Exp. Corp. v. Carol Wright Sales, Inc., 18 F.3d 502 (copyright registration prima facie evidence of validity)