Jessica McKinney | Bloomberg Law Swatch Group Mgmt. Services Ltd. v. Bloomberg L.P., No. 11-CV-01006, 2011 BL 231387 (S.D.N.Y. Aug. 30, 2011) The U.S. District Court for the Southern District of New York denied Bloomberg L.P.'s motion to dismiss a copyright infringement action brought by The Swatch Group Management Services Ltd. stemming from Bloomberg's unauthorized recording of a conference call with securities analysts and later publication of the audio recording, along with a written transcript of that recording, on its "Bloomberg Professional" news feed service. The court determined that plaintiff's copyright in an authorized audio recording of the conference call was valid and that plaintiff, which had complied with the registration requirement of 17 U.S.C. § 411(a), was not required to comply with the pre-fixation notice requirement of 17 U.S.C. § 411(c).
Swatch's Conference Call with Securities Analysts
Swatch's Audio Recording of the Conference Call Is Copyrightable
Swatch Not Required to Comply with Pre-Fixation Notice Requirement
Court Declines to Address Fair Use Defense
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