Neri v. Monroe

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-3204
Decision Date: 
August 12, 2013
Federal District: 
W.D. Wisc.
Vacated and remanded
Magistrate Judge erred in dismissing plaintiff’s copyright infringement action based on her claim that defendants wrongfully published photographs of her sculpture on their web sites, where basis of dismissal was Judge's belief that plaintiff lacked proper registration of her copyright due to fact that copyright application containing several pictures of plaintiff‘s sculptures was not in “orderly form.” Record failed to contain actual materials submitted by plaintiff for registration to support Judge’s dismissal, and defendants did not deny that plaintiff’s copyright application included all nine pieces of information required for copyright registration. Moreover, plaintiff’s receipt of certificate from Register suggested that her application was proper.