Hi-Tech Video Productions, Inc. v. Capital Cities/Abc, Inc.

58 F.3d 1093 6th Cir. 1995)

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Nature of the Case

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Facts

P independently produces and distributes 'video postcards' of northern Michigan vacation spots. P released a travel video entitled 'Mackinac Island: The Mackinac video.' Stan Akey, the sole owner of P, produced and directed the video. He enlisted the help of freelance subcontractors: Ted Cline as an aerial videographer, Steve Cook as scriptwriter/narrator, and Michael Mueller as the principal videographer. The Mackinac video received its funding from P, not from a commercial client. P registered a copyright in the Mackinac video as a 'work made for hire.' The producers of 'Good Morning America' decided to feature Mackinac Island's annual Lilac Festival. D obtained footage of the island from an ABC affiliate in Traverse City. Two days before the air date, it was determined that those scenes were insufficient. D telephoned Sarah Bolger, Executive Director of the Mackinac Island Chamber of Commerce. Bolger sent D two videos, including the Mackinac video, via overnight mail. D used P's scenes as a background piece on Mackinac Island. D did not use P's narration or music. The scenes were aired and P discovered it and sued Ds for copyright infringement. The district court denied D's motion to dismiss the complaint due to the invalidity of P's copyright. The district court rejected D's affirmative defense of fair use, trebled the award of damages in light of D's 'willful' infringement of copyright, and awarded P attorney's fees and costs. P appealed.