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January 20 2011

START DATE

END DATE

May 4 2011

Patricia Nesbitt v. Rosheena Beek Michelle Laylor Leisure Time Ltd. and Duane Dennis

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

CIVIL JURISDICTION

Kawaley J

Allan Doughty Trott & Duncan

1st Defendant appeared in person

FACTS OF THE CASE:

Plaintiff alleged copyright infringement by Defendants in distribution of 'Pastor will you marry me please?' without authorization. Defendants claimed they were contractually entitled for distribution under a verbal agreement partially supported by written evidence. Disputes over copyright ownership distribution rights and earnings from unauthorized DVD sales. 1st Defendant acknowledged the end of distribution agreement but contested the scope and proceeds from DVD sales.

SUMMARY:

Whether Defendants infringed Plaintiff's copyright by unauthorized distribution of the work scope of distribution rights under the oral contract and entitlement to proceeds from sales.

OUTCOMES:

Permanent injunction against 1st Defendant from infringing copyright accounting and delivery of all unsold DVDs. Triable issues regarding damages for breach of copyright. Plaintiff's entitlement to damages and accounting for sales.

RULED IN FAVOUR OF:

Plaintiff with exceptions on damages

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Patricia Nesbitt v. Rosheena Beek Michelle Laylor Leisure Time Ltd. and Duane Dennis

Plaintiff alleged copyright infringement by Defendants in distribution of 'Pastor will you marry me please?' without authorization. Defendants claimed they were contractually entitled for distribution under a verbal agreement partially supported by written evidence. Disputes over copyright ownership distribution rights and earnings from unauthorized DVD sales. 1st Defendant acknowledged the end of distribution agreement but contested the scope and proceeds from DVD sales.

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