United States Ninth Circuit

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U.S. Auto Parts Network, Inc. v. Parts Geek, LLC, 10-56129

In a copyright infringement suit, of certain e-commerce software, district court's grant of summary judgment in favor of the defendants is reversed in part, vacated in part and remanded, as the district court erred in granting summary judgment on the ground that plaintiff could not show ownership interest in the software as a matter of law, because absent a written agreement to the contrary, the employer is the author of a work made for hire, and if such a work is lawfully derived from a preexisting copyrighted work, the employer holds the copyright to the original, non-trivial material contributed to the preexisting work.

Appellate Information

  • Decided 08/31/2012
  • Published 08/31/2012


  • Ikuta


  • United States Ninth Circuit