Bell v. Eagle Mountain Saginaw Independent School District

Docket Number: 21-10504
Judge: Gregg Costa
Opinion Date: February 25, 2022

Plaintiff, a sports psychologist, filed suit against the school district for copyright infringement after the softball team and flag corps at a public high school used their Twitter accounts to post a motivational passage from plaintiff’s book, Winning Isn’t Normal.

The Fifth Circuit affirmed the district court’s grant of the school district’s motion to dismiss and award of attorney’s fees. The court considered the four factors of the fair use doctrine and concluded that even though the nature of the work favors plaintiff, the school’s use was in good faith and not for a commercial benefit; the small excerpt from the book was freely accessible to the public; and plaintiff has failed to plausibly allege a substantially adverse impact on a legitimate market for his copyrighted work. The court concluded that “the purpose and character” factor, as well as “the effect of the use” factor, favor the school district. Finally, the district court did not abuse its discretion by awarding attorney’s fees to the school district. View “Bell v. Eagle Mountain Saginaw Independent School District” on Justia Law

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