Ali v. Final Call, Inc., No. 15-2963 (7th Cir. 2016)Annotate this Case
In 1984, Jesus Muhammad‐Ali painted a portrait of the leader of the Nation of Islam, Louis Farrakhan. Ali later testified that his agreement with Farrakhan included only the portrait, not lithographs, and that Farrakhan never asked him to produce lithographs. In 2013, Ali sued Final Call, a newspaper that describes itself as the “propagation arm of the Nation of Islam,” for copyright infringement. Final Call admittedly had sold 115 copies of a lithograph of Ali’s Farrakhan portrait, but claimed it had authority to do so. The Seventh Circuit reversed the district court’s judgment in favor of Final Call. The law places the burden of proof on the party asserting license or authorization. Ali proved all he was required to prove, a prima facie case of infringement. A plaintiff is not required to prove that the defendant’s copying was unauthorized in order to state a prima facie case of copyright infringement.