Taylor Swift Must Be Deposed, Despite Her World Tour

Blue Sphere, Inc. v. Swift et al., No. 8:14-cv-00782-CJC-DFM (C.D. Cak. filed 08/04/15) [Doc. 65].

Despite her world tour, and claims that she has no knowledge about Plaintiff's claims, Taylor Swift must be deposed in a trademark action.  The Court denied her motion for a protective order, finding that that, notwithstanding the "apex doctrine" that protects high-level corporate executives from harassing depositions,  "the extraordinary circumstances that would warrant a pr otective order prohibiting the deposition of a named party are not present here."  Further, Swifts schedule -- including her world tour -- was not a basis for a protective order.  "There is no evidence in the record to show that Plai ntiffs have been inconsiderate of Swift’s schedule. To the contrary, the record shows just the opposi te. Nor does the evidence suggest that Plaintiffs have sandbagged Swift’s deposition to coincide with her world tour; instead, the record shows that, as in most cases, most deposi tions have been left until the end of the discovery period."

Sanctions for Blogging in Music Case?

An attorney representing a college student in a copyright infringment case based on music downloads faces possible court sanctions for an Internet posting of deposition excerpts from his defense. The attorney, Professor Charles Nesson of Harvard Law School, is representing defendant in Capital Records Inc. v. Alaujan, a District of Massachusetts case that several record companies and the RIAA filed against the students.

Judge Nancy Gertner issued an electronic order on July 7 demanding an explanation why defendant and his counsel should not be sanctioned for the posting of parts of a deposition on Harvard Law School's Berkman Center for Internet & Society Web site. The court noted that prior oral and written orders "made clear" that deposition recordings were permitted but "not to be made public via the Internet."

4 More Hours of Deposing LimeWire COO

Lime Wire's Chief Operating Officer and Chief Technical Officer has been ordered to undergo 4 more hours of deposition, in addition to the two days of deposition that already occurred.

"Considering the facts set forth in Rule 26(b)(2)(C)(iii), this is a case in which the stakes are high, both sides have significant resources, and Bildson is apparently a central figure in the case."

The four additional hours "should be adequate time, particulary if the witness comes to realize that brisker, more responsive answers will undoubtedly reduce the tedium that he apparently feels and so visibly displays, with salutary effects on the impression he will make on the eventual factfind at trial."

I.e., take a hint.

Arista Records LLC v. Lime Group LLC, No. 06 Civ. 5936, 5/2/08 N.Y.L.J. "Decision of Interest" (S.D.N.Y. April 15, 2008).

Mary J., Pay to Play

New York Law Journal reports (10/9) that Ms. Blige is not above the law. Blige and others were sued for copyright infringement by song-writer -- who happened to be co-author of the work with Blige's step-father. On the eve of the step-father's deposition, he transferred his rights to another defendant in the case, taking the position that one co-author cannot sue another co-author for infringement. ("Retroactive" transfer to infringer.) Sneaky...

...but no. The Second Circuit shot down the scheme.

If the Court had gone the other way, a giant loop-hole would have existed for successful artists/infringers to buy-out non-party co-authors, and in my humble opinion, defeating justice.

[Davis v. Blige, 05-6844-cv]