Joseph M. Gusmano

Monday, September 26, 2005
10/20/2004 08:21:02 AM|||Joe|||
Mulcahy v. Cheetah Learning LLC (CIR8 10/19/2004) is a copyright case involving competing test prep materials for the Project Management Professional (PMP) exam. The defense is that the plaintiff did not have a valid copyright over the materials of the maker of the test, Project Management Institute (PMI). But there was a material question of fact as to whether the Plaintiff's work was derivative, whether she had permission, and on the issue of fair use, and so partial summary judgment and permanent judgment are vacated. Plaintiff's work is here; PMI's work is here. Defendant's work can come out now.
|||109828791445001529|||From the Eighth Circuit, October 19, 2004
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