Partner James Sammataro, Co-Chair of Pryor Cashman's Media & Entertainment Group, spoke with Bloomberg Law about a recent case that was vacated by the U.S. Court of Appeals for the Seventh Circuit due to the lack of consistent testing to determine whether works are separate or can be classified as a compilation.

In this case, Flora Inc., an herbal supplement company, was sued for copyright infringement by Amy Sullivan, who created 33 illustrations to be used in two ad campaigns. After finding that Flora Inc. used her illustrations in other ads, Sullivan requested statutory damages under the Copyright Act. The appellate panel ultimately vacated her $3.6 million award, stating it didn’t have enough information to decide, and remanded the question of whether the works were individually protectable or part of two compilations to the district court. 

Speaking to Bloomberg on the issue of compilation classification, Sammataro saw the Seventh Circuit’s decision as consistent with a broader trend, stating that "an unclear definition in the Copyright Act, plus variations among categories of works, make the compilation question 'a muddled area of the law.' I’m thrilled with this opinion, because I think it’s where the law is going, and I think it’s where the law should be." 

To read the full article, please click here.

More About Sammataro’s Practice 

With two decades of trial experience in high-stakes copyright, trademark, defamation, First Amendment, rights-of-publicity and non-compete matters, Fortune 500 companies, James Sammataro represents leading media entities, professional sports teams and A-list talent in delicate, high-profile disputes.  

Learn more about his work here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.