United States First Circuit

In a declaratory action requesting the declaration that the work of a poet was in the public domain, dismissal of the declaratory defendants' counterclaim for copyright infringement is affirmed where the district court correctly held that the burden of proof of the existence of a valid copyright is with the infringement claimant, and the defendants did not present any substantive support for their claim of copyright.

Appellate Information

• Decided 08/07/2007
• Published 08/07/2007

Judges

• NEWMAN, Circuit Judge., Before TORRUELLA, NEWMAN  and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jane Becker Whitaker with whom the Law Offices of Jane Becker Whitaker, PSC and Angel N. Caro were on brief, for appellants.


• For Appellees:
  
• Patricia Rivera MacMurray with whom Bufete Hernandez Mayoral, CSP was on brief, for appellee.