Thursday, February 23, 2012

Copyright Infringement Claims Against Joel Osteen Dismissed, But With Leave To Amend

In Yesh Music v. Lakewood Church, (SD TX, Feb. 14, 2012), the composers of the song "Signaling Through the Flame" sued televangelist Joel Osteen, his wife and their Lakewood Church for copyright infringement, claiming that they continued to use the song to promote the Osteen's DVD "Supernatural" after the expiration of a one-year licensing agreement. Christian Post reports that "Supernatural" features Osteen speaking about God's plan for each individual. The court held that the Licensing Agreement provided perpetual-use Internet rights only for productions created prior to expiration of the Agreement. However the court dismissed claims against the Osteens for direct or contributory infringement because plaintiffs failed to allege that they had a financial stake in or personally supervised the infringing activity, but gave them 14 days to amend their complaint to cure these pleading problems. The court also rejected defendants' claim that allegations of infringement outside the United States should be dismissed. The complaint alleged that the song was broadcast in ads throughout the United States and in certain foreign countries, and in global broadcasts of church services.  But the court concluded that plaintiffs properly state a claim for extraterritorial infringement because the infringing acts were initiated in the United States.