JARTECH, INC. v. CLANCY

Nos. 79-3087, 80-5010 and 80-5016.

666 F.2d 403 (1982)

JARTECH, INC., Anatuna, Inc., Cinema 7, Inc., and Mooks, Inc., all California Corporations, Plaintiffs-Appellants, v. James J. CLANCY, Gordon Bricken, James E. Ward, David L. Brandt; David F. Ortiz, Defendants-Appellees. JARTECH, INC.; Anatuna, Inc.; Cinema Seven, Inc.; and Mooks, Inc., all California Corporations, Plaintiffs-Appellants, v. James J. CLANCY; Gordon Bricken; James E. Ward; David L. Brandt; David F. Ortiz, Defendants-Appellees. James J. CLANCY, Gordon Bricken, James E. Ward, David L. Brandt, David F. Ortiz, Counter-Claimants/Appellants, v. JARTECH, INC., Anatuna, Inc., Cinema 7, Inc., and Mooks, Inc., all California Corporations, James Mitchell, Artie Mitchell, Mitchell Brothers Film Group, a general partnership, Counter-Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

January 25, 1982.


Attorney(s) appearing for the Case

Meredith Bradford, San Francisco, Cal., for Jartech.

James J. Clancy, Sun Valley, Cal., argued, for Clancy; David A. Depew, Alhambra, Cal., on brief.

Before HUG and SKOPIL, Circuit Judges, and MUECKE, Chief District Judge.


MUECKE, Chief District Judge:

This series of appeals raises for the first time in this circuit the issue of whether obscenity is a defense to a copyright infringement claim. This court has also been asked to determine whether use of copies of a copyrighted work by a local government in a nuisance abatement action is within the fair use exception to the copyright laws. Review is also sought of the trial court's award of attorney's fees upon the finding that the initiation...

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