District Judge John G. Koeltl


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Plaintiffs’ copyrighted newsletters covering developments and trends in the global energy industry. Various notices inform readers that unauthorized access or electronic forwarding, even for internal use, is prohibited. Plaintiffs alleged defendants infringed their copyrights by auto-forwarding publications from a subscriber in Canada to employees in offices in New York, Houston, Canada, and the United Kingdom. The court dismissed plaintiffs’ infringement claims based on copying and distribution that occurred outside the United States. With a narrow exception, the Copyright Act lacks extraterritorial application, and district courts lack jurisdiction over infringement occurring outside the U.S. Reasoning from Levitin v. Sony Music Entm’t, 101 F.. Supp. 3d 376, and Cooley v. Penguin Grp. (USA) Inc., 31 F. Supp. 3d 599, the court determined that to the extent plaintiffs alleged infringement based on delivery of copyrighted works to defendants’ employee in Canada and the unauthorized copying and forwarding of those works to defendants’ employees in Canada, the U.K, or elsewhere outside the U.S. such allegations did not include any conduct in the U.S., let alone a “domestic predicate act” of infringement.