Interrogatories (Copyright Litigation) (Alleged Infringer to Copyright Owner)
Summary
These template interrogatories under Rules 26(b)(1) and 33 of the Federal Rules of Civil Procedure are for use by a defendant in a copyright litigation in federal district court. This template includes practical guidance, drafting notes, and alternate clauses. The term "Accused Work" is used to mean the work by defendant alleged by plaintiff to infringe. The term "Plaintiff's Work" is used to mean the copyright-protected work that plaintiff asserts has been infringed. Rule 33 permits a party in a federal lawsuit to serve upon other parties interrogatories inquiring into any matter that is permitted under Rule 26(b), which includes: • Any non-privileged matter • Relevant to any party's claim or defense –and– • Proportional to the needs of the case, considering: ◦ The importance of the issues at stake in the action ◦ The amount in controversy ◦ The parties' relative access to relevant information ◦ The parties' resources ◦ The importance of the discovery in resolving the issues –and– ◦ ...