Devil Films Inc. v. Nectar Video, 29 F. Supp. 2d 174 (1998) p.272

SUBJECT

Copyrightable material - "obscene" works

FACTS

Devil Films created a film. Other theatures were showing it without permission.

PROCEDURE

ISSUE

The court was being asked to issue a temporary restrianing order, and it concluded that it had the equitable discretion to withhold such an order given the plaintiff's "unclean hands" in the circumstances of hte case.

RULE

HOLDING

The films were obscene, so that the interstate transportation was a crime, making the films subject to forfeiture.

RATIONAL

It strains credulity that COngress intended to extend the protection of the copyright law to contraband.

POLICY/NOTES