Law firm faces copyright claim after press obtains secret video made by a client’s co-worker
A woman who secretly made a video of alleged sex harassment at work may be able to pursue her copyright claim against a law firm accused of releasing the recording to the press
U.S. District Judge Tanya Chutkan ruled (PDF) on March 26 that the “Jane Roe” plaintiff could pursue her copyright claims as long as she uses her real name in the lawsuit, the Blog of Legal Times reports. The defendants are Washington, D.C., lawyer Lynne Bernabei; Bernabei’s law firm, Bernabei & Wachtel; and its client, Meixing Ren, who is Roe’s former co-worker.
Jane Roe made the video on an iPhone hidden in her purse in September 2012, according to Chutkan’s opinion. It showed a supervisor at Phoenix Satellite Television “aggressively” moving toward Roe and touching her inappropriately, the opinion says.
In an effort to preserve the video, Roe obtained help from a co-worker, Meixing Ren, who backed up the video on his computer in September 2012, she claimed in her complaint. Roe settled her own claims against Phoenix. Meanwhile, Ren and other co-workers hired Bernabei in October 2012, and the video became public in connection with Ren’s suit, filed in July 2013.
Roe obtained a copyright registration of the video in October 2013.
Chutkan barred Roe’s claims of violations of RICO and a computer hacking law, but allowed the copyright claim, provided that Roe use her real identity in the suit. Chutkan signaled, however, that Roe’s claim of creative judgment, needed to qualify for copyright protection, could face an uphill fight.
“To the extent these allegations suffice to nudge the video across the (low) threshold of creativity, they do so just barely,” Chutkan wrote.
