CNN Beats Journalist's Copyright Suit Over Gilda Radner Documentary

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'Love, Gilda' used taped interviews of the SNL comedian conducted by Hillary Johnson. A lack of registration dooms the case.

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The court never got to the question of whether those interviews merited copyright protection nor whether Johnson herself owned them or whether they belonged to the book publisher.Johnson said she couldn't register because the audiotapes, after being discovered in an attic, were in the possession of Michael Radner, Gilda's brother. She wanted the judge to order defendants to give her access to the tapes to enable a registration.

In a footnote, U.S. District Court Judge Vincent Briccetti hints that perhaps Johnson should have sought a declaration of ownership. Such a claim might not have stalled due to the lack of registration. But Johnson didn't do that, and Briccetti rules that she can't maintain an independent claim for declaratory relief for an injunction, which would be a remedy for copyright infringement, which again, has failed without registration.

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