MPCA King of Spades et al v. T.E.C. 2 Broadcasting, Inc. et al

Filing 55

OPINION AND ORDER denying 46 Motion for Summary Judgment. Signed by Judge James P. Jones on 6/10/12. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION
MPCA KING OF SPADES, ETC.,
ET AL.,
Plaintiffs,
v.
T.E.C. 2 BROADCASTING, INC.,
ET AL.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 1:11CV00080
OPINION AND ORDER
By: James P. Jones
United States District Judge

Gary A. Rosen, Law Offices of Gary A. Rosen, P.C., Ardmore, Pennsylvania,
and Howard C. McElroy, McElroy, Hodges, Caldwell & Thiessen, Abingdon,
Virginia, for Plaintiffs; Larry D. Perry, Knoxville, Tennessee, and R. Wayne
Austin, Scyphers & Austin, P.C., Abingdon, Virginia, for Defendants.

The individual defendant Thomas E. Copenhaver has moved for summary
judgment in his favor in this copyright infringement case. Upon consideration of
the record, including extracts from his deposition, I find that Copenhaver has not
shown that there are no genuine issues of material fact as to his vicarious liability
for the alleged acts of infringement by the radio station of which he is president
and sole shareholder. See CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544, 550
(4th Cir. 2004); Range Road Music, Inc. v. East Coast Foods, Inc., 668 F.3d 1148,
1155-56 (9th Cir. 2012). Accordingly, summary judgment in his favor is not
appropriate. See Fed. R. Civ. P. 56(a).

For these reasons, Defendant Copenhaver’s Motion for Summary Judgment
(ECF No. 46) is DENIED.
It is so ORDERED.
ENTER: June 10, 2012
/s/ James P. Jones
United States District Judge

-2-