Hiller, LLC v. Success Group International Learning Alliance, LLC, No. 19-6115 (6th Cir. 2020)Annotate this Case
In 1999, Hiller, the largest home-services company in Tennessee, became a paying “member” of Success Group, which offers management advice and customer-service training to home-services companies. Clockwork owned Success, which conducted training courses using manuals copyrighted by Clockwork. Hiller sent its employees to those courses; they had access to the Manuals. In 2014, Clockwork sold Success to Aquila. Clockwork retained ownership of the Manual copyrights but granted Aquila a perpetual license. In 2015, Hiller hired the Pike Group to create the Guide for use in place of the Manuals to train its technicians. Pike had no expertise in the home-services industry; to learn what Hiller wanted, Pike conducted a workshop attended by Hiller employees and representatives of Aquila and Success. The participants referred to at least one of the Manuals.
The resulting Guide included some content taken directly from the Manuals. In 2016, Success conducted a class using a workbook that closely resembled the Guide. Hiller ended its Success membership, demanded that Success stop using the workbook, registered its copyright in the Guide, and sued Success for copyright infringement. Clockwork was allowed to intervene.
A jury concluded that Hiller had a valid copyright in the Guide and that the Success workbook copied protected elements of the Guide. Clockwork’s request for declaratory relief invalidating Hiller’s copyright was rejected. The Sixth Circuit affirmed. The jury reasonably concluded that Hiller created enough original material to gain copyright protection and the jury was correctly instructed that the Guide’s incorporation of some Clockwork-copyrighted content did not invalidate Hiller’s copyright in the Guide’s original parts.