Code Revision Commission et al v. Public.Resource.Org, Inc.

Filing 30

MOTION for Partial Summary Judgment with Brief In Support by Code Revision Commission, State of Georgia. (Attachments: # 1 Brief in support, # 2 Statement of Undisputed Material Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Pavento, Lisa) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
behalf of and for the benefit of THE
GENERAL ASSEMBLY OF
GEORGIA, and THE STATE OF
GEORGIA,
Plaintiff,
v.

CIVIL ACTION NO.
1:15-CV-02594-MHC

PUBLIC.RESOURCE.ORG, INC.
Defendant.
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiff and Counterclaim-Defendant the Code Revision Commission, on
behalf of and for the benefit of the General Assembly of Georgia and the State of
Georgia (“Commission”), files this Motion for Partial Summary Judgment
pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Civil Rule
56.1 N.D. Ga., with respect to the claims in Plaintiff’s Amended Complaint
relating to the 2014 edition of the OCGA. As more fully discussed in the
accompanying Memorandum of Law and exhibits thereto, and further supported by
the parties’ Stipulation of Facts (Dkt. No. 17), Plaintiff is entitled to summary
judgment as follows:

1.

Each of Plaintiff’s copyrighted works identified in Exhibit A to the

Stipulation of Facts (Dkt. 17), numbered 1-6, 8-10, 12-15 and 17-71 (“Copyrighted
Works”) are original and creative works of authorship subject to a valid copyright;
2.

The copyright in each of Plaintiff’s Copyrighted Works is owned by

Plaintiff through a valid work-for-hire agreement with the authors whom are
employed by LexisNexis;
3.

Each of Plaintiff’s Copyrighted Works was the subject of a U.S.

Copyright Registration at the time this lawsuit was filed;
4.

Defendant directly infringed each of the Copyrighted Works by

copying each of those works in its entirety, and posting a copy of each of those
works on the publicly accessible websites https://law.resource.org and
www.archive.org; and
5.

Defendant’s direct infringement of each of Plaintiff’s Copyrighted

Works is not encompassed by the fair use defense.

WHEREFORE, there being no genuine issue of material fact and being
entitled to judgment as a matter of law on the issues addressed herein, Plaintiff
requests that this Court grant its motion as to Plaintiff’s counts of copyright

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infringement relating to the 2014 edition of the OCGA described above, pursuant
to Rule 56 and Local Civil Rule 56.1.
Respectfully submitted, this 17th day of May, 2016.
/s/Lisa C. Pavento
Lisa C. Pavento (G.A. Bar: 246698)
Anthony B. Askew (G.A. Bar: 025300)
Warren Thomas (G.A. Bar: 164714)
Meunier Carlin & Curfman LLC
999 Peachtree Street, NE, Suite 1300
Atlanta, Georgia 30309
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for the Plaintiff, Code Revision
Commission on behalf of and for the benefit
of the General Assembly of Georgia, and the
State of Georgia

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CERTIFICATE OF SERVICE
I certify that on May 17, 2016, I electronically filed the foregoing MOTION
FOR PARTIAL SUMMARY JUDGMENT with the Clerk of Court using the
CM/ECF system, which constitutes service of the filed document on all counsel of
record in this proceeding under LR 5.1(A)(3), N.D. Ga.

By:

/s/Lisa C. Pavento
Lisa C. Pavento (G.A. Bar: 246698)
Anthony B. Askew (G.A. Bar: 025300)
Warren Thomas (G.A. Bar: 164714)
Meunier Carlin & Curfman LLC
999 Peachtree Street, NE, Suite 1300
Atlanta, Georgia 30309
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for the Plaintiff, Code Revision
Commission on behalf of and for the benefit
of the General Assembly of Georgia, and the
State of Georgia

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