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Taggart v. WMAQ Channel 5 Chicago

Taggart v. WMAQ Channel 5 Chicago

United States District Court for the Southern District of Illinois

October 30, 2000, Decided ; October 30, 2000, Filed

CIVIL NO. 00-4205-GPM

Opinion

 [**1083]  MEMORANDUM AND ORDER 

MURPHY, Chief District Judge:

This matter is before the Court on Defendants' motion to dismiss for failure to state a claim (Doc. 10), Defendants' motion to strike (Doc. 12), and Plaintiff's motion to reconsider this Court's filing deadline order (Doc. 23). The action was removed to this Court pursuant to 28 U.S.C. §§ 1441(b) and 1446 on August 8, 2000, on the basis that the Court has original and exclusive jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) for alleged violations of federal copyright law. The Court  [**1084]  has carefully considered the pending motions and will rule without a hearing.

BACKGROUND

This action is brought, pro se, by Arthur Taggart. Plaintiff is currently an inmate at Big Muddy River Correctional Center pursuant to his 1989 conviction on five counts of aggravated criminal sexual assault involving two minor boys. Plaintiff's conviction and his sentence of consecutive terms of imprisonment for 30 and 15 years have been affirmed by [*3]  an Illinois appellate court. See People v. Taggart, 233 Ill. App. 3d 530, 599 N.E.2d 501, 523, 174 Ill. Dec. 717 (Ill. App. Ct. 1992). It is undisputed that Taggart was interviewed at the prison on April 22, 1999, by WMAQ, a Chicago-based television station that is owned and operated by NBC.

For purposes of the motion to dismiss, the Court understands the facts leading up to the interview to be as follows: Plaintiff was contacted by a producer for WMAQ who expressed interest in interviewing him. Taggart pronounced interest in the idea and agreed to an interview. WMAQ then sent correspondent Dave Savini, along with WMAQ cameraman Hal Bernstein, to conduct the interview on April 22, 1999. Mr. Savini conducted a "question and answer" session with Plaintiff, and Plaintiff allegedly requested that the taped interview not be used in any manner.

On May 17 and 18, 1999, WMAQ broadcast a two-part report entitled "Camp Caution" on its 10:00 p.m. newscast (the "Report"). The Report concerned the lack of state regulation of summer camps for children and alerted parents to potential dangers, including injuries, drowning and exposure to sex offenders. The fifteen minute report [*4]  included the following excerpt from Taggart's interview: 1

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2000 U.S. Dist. LEXIS 19499 *; 57 U.S.P.Q.2D (BNA) 1083 **; 28 Media L. Rep. 2660

ARTHUR J. TAGGART, Plaintiff, vs. WMAQ CHANNEL 5 CHICAGO, MICHELLE RUBENSTEIN, NATIONAL BROADCASTING COMPANY, DAVE SAVINI, LYNN OBERLANDER, and UNKNOWN PARTY, Defendants.

Disposition:  [*1]  The Court substituted Hal Bernstein for the Unknown Party in this action; Defendants' motion to dismiss (Doc. 10) GRANTED with respect to Counts IX, X, and XI, and those Counts DISMISSED with prejudice; because the Court lacks subject matter jurisdiction over the remaining claims, this action is REMANDED to the Circuit Court for the Second Judicial Circuit for Jefferson County, Illinois pursuant to 28 U.S.C. § 1447(c); and because the Court lacks subject matter jurisdiction, the Court does not rule on the other pending motions.

CORE TERMS

interview, motion to dismiss, Counts, copyright protection, deadline, tangible

Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Subject Matter Jurisdiction, Jurisdiction Over Actions, Exclusive Jurisdiction, Copyright Law, Civil Infringement Actions, Jurisdiction, Federal Court Jurisdiction, General Overview, Copyright Infringement Actions, Responses, Dismissal, Involuntary Dismissals, Failure to State Claims, Deposit & Registration Requirements, Registration, Registration Certificates, Presumptions, Registration Requirement, Scope of Copyright Protection, Formalities, Parties, Pro Se Litigants, Pleading Standards, Ownership Rights, Moral Rights, Protected Subject Matter, Limited Protection for Ideas, Transportation Law, Bridges & Roads, Parades, Subject Matter, Statutory Copyright & Fixation, Expression & Idea Distinguished, Fixation Requirement, Sound Recordings After 1972, Publication, Ownership Interests, Governmental Works, Unprotected Subject Matter, Unprotected Facts, Original Works of Authorship, Removal, Supplemental Jurisdiction, Removal, Postremoval Remands, Jurisdictional Defects