Unclaimed Property Recovery Service, Inc. v. Kaplan, No. 12-4030 (2d Cir. 2013)Annotate this Case
Plaintiffs, UPRS and Bernard Gelb, authorized the clients of defendant to file a legal complaint and exhibits that were written and compiled by Gelb and in which UPRS and Gelb claimed copyright. Plaintiffs contend that defendant's subsequent amendment of the original documents and filing of amended pleadings infringed their copyrights. At issue was whether the holder of a copyright in a litigation document who has authorized a party to a litigation to use the document in the litigation could withdraw the authorization after the document had already been introduced into the litigation and then claim infringement when subsequent use was made of the document in the litigation. The court held that such an authorization necessarily conveyed, not only to the authorized party but to all present and future attorneys and to the court, an irrevocable authorization to use the document in the litigation thereafter.