1:23-cv-10376
S.D.N.Y.Aug 29, 2024Background
- Yellowcake, Inc. filed a copyright infringement suit against Verge Records International, Inc. d/b/a ONErpm and related parties, alleging unauthorized use of copyrighted works ("Subject Works").
- The core dispute involves ownership of the Subject Works, with both Yellowcake and the Discos Defendants (clients of ONErpm) asserting exclusive control over them.
- Colonize Media, a frequent agent in past Yellowcake cases, is not named as a party here, though it previously licensed many Subject Works to the Discos Defendants before Yellowcake asserted ownership.
- ONErpm requested standard discovery materials (e.g., chain-of-title documents, agreements, royalty information) to challenge Yellowcake’s asserted ownership and standing.
- Yellowcake refused to produce most requested documents, claiming requests were vague, overly broad, burdensome, or sought irrelevant/commercially sensitive information.
- ONErpm filed a letter motion seeking a pre-motion discovery conference to compel production of ownership and related documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Obligation to produce ownership/chain-of-title docs | Yellowcake claims it will produce in due course, but objects to breadth, burden, and relevance of certain requests | ONErpm argues these are threshold, routine docs necessary to contest ownership/standing | (Not yet ruled as this is a discovery dispute letter) |
| Relevance and scope of royalty/payment info | Objects as vague, burdensome, and irrelevant | Says royalty history critical for standing/ownership and offers summary as compromise | (Not yet ruled) |
| Colonize Media relationship docs | Objects as overly broad and not relevant | Says necessary to establish competing claims of ownership, common control | (Not yet ruled) |
| Discovery timing/completeness | Will produce on rolling basis, but has not yet produced | Argues Yellowcake failed to provide even agreed docs or comment on protective order | (Not yet ruled) |
Key Cases Cited
- John Wiley & Sons, Inc. v. DRK Photo, 882 F.3d 394 (2d Cir. 2018) (ownership of a copyright is a question of statutory standing and must be proved even if challenged by a third party)