A federal judge has dismissed President Donald Trump’s copyright lawsuit against Bob Woodward, Simon & Schuster, and Paramount Global, ruling that Trump’s claims of co-authorship for the audiobook The Trump Tapes are not credible. The judge noted that conflicting copyright registrations need independent resolution of ownership issues. District Judge Paul Gardephe, citing Supreme Court guidance under the Copyright Act, ruled that authorship belongs to the creator.
Gardephe found Trump’s claim of joint authorship with Woodward unsubstantiated, noting Woodward and Simon & Schuster had filed their own copyright in February.
Gardephe ruled, “Trump’s legal claim does not ‘plausibly allege’ that he was the joint author of The Trump Tapes or has a copyright interest in them.”
Gardephe wrote, “The Supreme Court has instructed, under the Copyright Act, ‘the author is the party who actually creates the work, that is, the person who translates an idea into a fixed, tangible expression entitled to copyright protection.’”
Gardephe added, “While copyright registration may constitute prima facie evidence of ownership, where there are conflicting and adverse copyright registrations, the Copyright Office does not resolve the competing claims, and courts are called upon to make ‘an independent determination of copyright ownership.’”
Trump now has time to amend his complaint, though Gardephe doubts he can establish a valid copyright claim. Trump argued he holds rights to the recordings’ content despite not crafting the questions.
Paramount Global, the former owner of Simon & Schuster, is a defendant. Gardephe noted that it is “unlikely” Trump will be able to arrive at a different result.
Thos who stand up to this loser always seem to win! 🙂
