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Case: Copyrights/Infringement (E.D. La.)

July 10, 2020, 6:47 AM

Take Fo’ Records Inc.'s motion to dismiss, in a disc jockey’s copyright infringement action, was denied by a federal district court in Louisiana. The court found that the complaint is sufficient to survive a Fed.R.Civ.P. 12(b)(6) challenge based on a statute-of-limitations defense because, even though the disc jockey does not allege when he discovered the infringement for the purposes of determining accrual, Take Fo’s singular focus is on its own factual narrative, the source of which is not the complaint’s allegations; however, the focal point for a Rule 12(b)(6) motion is those allegations, and therefore Take Fo’ has failed to ...

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