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plaintiffdefendantdamagestrialverdicttestimonycopyright
plaintiffdefendantdamagesverdictmotioncopyright

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Live Face On Web, LLC v. Integrity Solutions Group, Inc., 421 F.Supp.3d 1051, 2019 Copr.L.Dec. P 31,530, 110 Fed. R. Evid. Serv. 702

Facts

Live Face On Web, LLC (LFOW) developed software that allows websites to display a virtual greeter video. LFOW claimed that Integrity Solutions Group, Inc. (Integrity) used its copyrighted software without permission. Integrity, which hired a web developer to implement a virtual greeter video on its site, argued that it did not infringe LFOW's copyright. The case went to trial, where the jury found that Integrity had access to LFOW's code and awarded damages to LFOW.

Plaintiff Live Face on Web, LLC (“LFOW” or “Plaintiff”), develops and licenses computer software that allows websites to display a video of a walking, talking spokesperson (“Virtual Greeter Video”). At issue in this case was Version 7.0.0 of LFOW's software (“LFOW Code”), which is computer code producing the Virtual Greeter Video on webpages when persons visit a website that uses the LFOW Code.

Issue

Did Integrity Solutions Group, Inc. infringe Live Face On Web, LLC's copyright by using its virtual greeter video software without authorization?

Did Integrity Solutions Group, Inc. infringe Live Face On Web, LLC's copyright by using its virtual greeter video software without authorization?

Rule

To establish copyright infringement, a plaintiff must prove that the defendant had access to the copyrighted work and that there are substantial similarities between the defendant's work and the original work.

Plaintiff may show that Defendant copied its work by proving by a preponderance of the evidence that (a) Defendant had access to its copyrighted work, and (b) there was substantial similarities between Defendant's work and original elements of Plaintiff's work.

Analysis

The court found that substantial evidence supported the jury's conclusion that Integrity had access to LFOW's copyrighted code through its web developer. Testimony indicated that Integrity's web developer was provided with the software necessary to implement the virtual greeter video, which was similar to LFOW's code. The jury was instructed on the elements of copyright infringement, and the court determined that the evidence presented at trial was sufficient to support the jury's verdict.

The Court finds that, viewing the record in the light most favorable to the prevailing party, substantial evidence supports Plaintiff's position and the jury's verdict.

Conclusion

The court upheld the jury's verdict in favor of Live Face On Web, LLC, confirming that Integrity Solutions Group, Inc. had infringed on LFOW's copyright and awarding damages accordingly.

Therefore, Defendant's Renewed Motion Under Fed. R. Civ. P. 50(b) (Doc. # 284) is DENIED.

Who won?

Live Face On Web, LLC prevailed in the case because the jury found sufficient evidence of copyright infringement, leading to a substantial damages award.

Live Face On Web, LLC prevailed in the case because the jury found sufficient evidence of copyright infringement, leading to a substantial damages award.

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