Conrad v. AM Community Credit Union

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-2899
Decision Date: 
April 14, 2014
Federal District: 
W.D. Wisc.
Dist. Ct. did not err in granting defendants’ motion to dismiss plaintiff’s copyright infringement action based on claim that defendants allowed individuals in audience to photograph plaintiff performing singing telegram and then post said photographs on audience members’ Facebook pages. Record showed that plaintiff had allowed said audience members to photograph performance for their personal use, and plaintiff’s performance was not copyrighted and was not capable of being copyrighted, since plaintiff had not recorded her performance or created dance notation of performance. Moreover, plaintiff did not assert violation of sections 106(5) or 1101(a) of Copyright Act that forbids unauthorized recording of musical performance or unauthorized public display of copyrighted musical.