Ex-Fox News Host Kills Ghostwriter’s Copyright Claim

A former Fox News host defeated a federal copyright claim brought by an editor claiming to be the ghostwriter of her 2016 book.

The U.S. Court of Appeals for the Second Circuit Aug. 24 rejected claims that Andrea Tantaros violated the Digital Millennium Copyright Act of 1998 by failing to credit Michael Krechmer, who writes under the pseudonym Michael Malice, as the author of “Tied Up in Knots: How Getting What We Wanted Made Women Miserable.” Krechmer sued Tantaros in August 2017.

The ruling affirming a lower court’s decision shows that a contract dispute over authorship credit can’t be catapulted into federal litigation by characterizing it as a digital rights management issue, and must be resolved in state court.

The U.S. District Court for the Southern District of New York rejected Krechmer’s allegation that the book was miscredited and that Tantaros knowingly distributed false copyright management information or intentionally concealed correct information.

Distributing false copyright management information or removing or altering such information from copies of protected works is prohibited under Section 1202 of the Copyright Act. Copyright management information is defined under the law as data that identifies a work, its author, and other information that aids in keeping track of copyrights. It is often used for digital rights management, such as to prevent online piracy.

Without that claim, what was left was merely a contract dispute over authorship, which is a state law claim. The appeals court affirmed the trial court’s rejection of Krechmer’s arguments that the case belonged in federal court.

Tantaros was the co-host of “The Five” and later “Outnumbered” on the Fox News Channel. She sued Fox News in 2017, alleging retaliation over her 2016 sexual harassment complaint. Fox News’ legal counsel rejected the allegations. A federal judge threw out the lawsuit in May, saying Tantaros’s claims were “based primarily on speculation and conjecture.”

Judges Jose A. Cabranes, Rosemary S. Pooler, and J. Paul Oetken issued the court’s summary order.

Randazza Legal Group PLLC represented Krechmer. Arendsen Cane Molnar LLP represented Tantaros.

The case is Krechmer v. Tantaros, 2d Cir., No. 17-4016, 8/24/18.

-- With assistance from Bob Van Voris (Bloomberg)