Second Circuit – Copyright: Elliott v. Cartagena, et al.

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United States Court of Appeals for the Second Circuit

Copyright

Best evidence – Draft agreement

Elliott v. Cartagena, et al.

22-255

Judges Nardini and Merriam

Background: The plaintiff alleged that he co-created the song “All the Way Up,” but that he has not been properly credited or compensated for his contribution. The defendants alleged that he assigned away any rights he may have had in the song, but that the agreement was never produced. A draft agreement was submitted as a duplicate and the district court granted summary judgment to the defendant.

Ruling: The Second Circuit vacated and remanded. The court held that it was an abuse of discretion in finding the draft admissible as a duplicate original. It was proper to admit the draft as other evidence of the content. The court further abused its discretion in denying the plaintiff’s request to conduct discovery prior to the entry of summary judgment and erred in concluding no dispute of fact existed as the parties were not in agreement over the content and effect of the original agreement.

Alfred J. Fluehr, of Francis Alexander, for the plaintiff-appellant; Eleanor M. Lackman, of Mitchell Silberg & Knupp, for the appellees.

 Oral argument audio