U.S. Appeals Court Rules in Favor of Jules Jordan

Lyla Katz
PASADENA, Calif. — The 9th U.S. Circuit Court of Appeals this week reinstated a copyright infringement verdict in favor of Jules Jordan Video and Jules Jordan in his case against Canadian distributor Kaytel, owner Alain Elmaleh and Leisure Time Canada.

In 2007, a federal jury determined that the defendants illegally pirated 31 Evil Angel movies and 13 movies from Jules Jordan, when he was a member of the Evil Angel directing roster, awarding Evil Angel $11.2 million.

Jordan also claimed the defendants violated his right of publicity. The court rejected Kaytel defendants claim that Jordan’s right of publicity claim was preempted by copyright law. The court also ruled that neither Jordan or Jules Jordan Video had standing to assert copyright claims.

The 9th Circuit disagreed, concluding that Jordan’s right of publicity claim is preempted by the Copyright Act and that Jordan and Jules Jordan Video had standing to assert the copyright claims in question.

Jordan attorneys said the court’s ruling was good news, but they said the court was unclear in determining what happens to their argument for more attorneys fees. However, they will examine the opinion further and decide whether it makes sense to file a petition for rehearing.

Evil Angel and Jules Jordan uncovered the piracy ring after East Coast distributors reported knock-off copies of Evil Angel DVDs.

The case has been remanded to the lower court for proceedings.