Related Issues: Free Speech, No Downtime for Free Speech Campaign
Savage v. Council on American-Islamic Relations
In December of 2007, radio talk show host Michael Savage filed suit in federal district court against the Council on American-Islamic Relations, alleging copyright infringement and a violation of federal racketeering laws for using excerpts of Savage's radio program to criticize him and the content of his show. In response, EFF and the law firm of Davis Wright Tremaine LLP filed a motion for judgment on the pleadings, asking the Court to dismiss the lawsuit because CAIR's conduct was clearly protected by the First Amendment and the fair use doctrine.
Outcome: On July 25, 2008, the Court granted CAIR's motion, agreeing that CAIR's use of Savage's copyrighted radio excerpts was a protected fair use under copyright law and that Savage's RICO claim (that depended on the copyright infringement allegation) was meritless. The Court gave Savage an additional two weeks to amend the RICO claim if he wanted to proceed, but Savage later informed the Court that he would not file an amended complaint.
Documents
Court Documents
- January 15, 2009 Declaration of Nadhira Al-Khalili in Support of Defendants' Motion for Reconsideration[PDF, 72.33 KB]
- Reply in Support of Defendants' Motion for Reconsideration[PDF, 94.21 KB]
- December 16, 2008 Plaintiff's Second Opposition to Defendants' Motion for Reconsideration[PDF, 12.97 KB]
- November 30, 2008 Plaintiff's Opposition to Defendants' Motion for Reconsideration[PDF, 14.59 KB]
- November 26, 2008 Defendants' Notice of Motion and Motion for Reconsideration of the Denial of an Award of Attorney's Fees and Costs[PDF, 156.39 KB]
- November 12, 2008 Order Denying Defendants' Motion for Attorneys' Fees and Costs[PDF, 22.99 KB]
- November 10, 2008 Supplemental Declaration of Ian K. Boyd In Opposition to an Award of Fees[PDF, 197.50 KB]
- October 31, 2008 Defendants' Reply in Support of Motion for an Award of Attorneys' Fees and Costs[PDF, 194.45 KB]
- Supplemental Declaration of Matthew Zimmerman in Support of Defendants' Motion for Attorneys' Fees[PDF, 92.56 KB]
- Exhibit 1 to Supplemental Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 212.63 KB]
- Exhibit 2 to Supplemental Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 502.75 KB]
- Exhibit 3 to Supplemental Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 348.00 KB]
- Supplemental Declaration of Thomas Burke in Support of Defendants' Motion for Attorneys' Fees[PDF, 63.95 KB]
- October 23, 2008 Declaration of Daniel A. Horowitz in Opposition to Motion for Award of Fees[PDF, 28.24 KB]
- Declaration of Ian K. Boyd in Opposition to Motion for Fees[PDF, 102.30 KB]
- Plaintiff's Opposition to Motion for Award of Fees[PDF, 136.41 KB]
- August 29, 2008 Declaration of Daralyn Durie in Support Defendants' Motion for Attorneys' Fees[PDF, 1.77 MB]
- Declaration of Matthew Zimmerman in Support of Defendants' Motion for Attorneys' Fees[PDF, 127.08 KB]
- Exhibit A to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 96.52 KB]
- Exhibit B to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 94.80 KB]
- Exhibit C to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 91.58 KB]
- Exhibit D to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 584.51 KB]
- Exhibit E to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 31.81 KB]
- Exhibit F to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 911.69 KB]
- Exhibit G to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 911.75 KB]
- Exhibit H to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 241.43 KB]
- Exhibit I to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 237.72 KB]
- Exhibit J to Zimmerman Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 192.57 KB]
- Declaration of Nadhira al-Khalili in Support Defendants' Motion for Attorneys' Fees[PDF, 92.13 KB]
- Declaration of Thomas Burke in Support Defendants' Motion for Attorneys' Fees[PDF, 189.68 KB]
- Exhibit A to Burke Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 875.80 KB]
- Exhibit B to Burke Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 113.12 KB]
- Exhibit C to Burke Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 155.31 KB]
- Exhibit D to Burke Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 237.21 KB]
- Exhibit E (part 1) to Burke Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 609.41 KB]
- Exhibit E (part 2) to Burke Declaration in Support of Defendants' Motion for Attorneys' Fees[PDF, 506.11 KB]
- Defendants' Motion for Attorneys' Fees and Memorandum of Points and Authorities[PDF, 754.78 KB]
- August 15, 2008 Final Judgment[PDF, 17.26 KB]
- Order of Dismissal[PDF, 18.32 KB]
- August 14, 2008 Notice of Plaintiff Michael Savage's Decision Not to File an Amended Complaint as to RICO Cause of Action[PDF, 13.65 KB]
- July 25, 2008 Order Granting Defendant's Motion to Dismiss[PDF, 286.20 KB]
- March 11, 2008 Civil Pretrial Minutes of Motion to Dismiss Hearing[PDF, 64.49 KB]
- February 22, 2008 Defendant's Reply to Opposition to Motion for Judgment on the Pleadings[PDF, 1.34 MB]
- February 19, 2008 Plaintiff's Second Amended Complaint[PDF, 333.36 KB]
- February 14, 2008 Plaintiff's Opposition to Motion for Judgment on the Pleadings[PDF, 257.73 KB]
- February 11, 2008 Stipulation to Allow Filing of Second Amended Complaint[PDF, 12.25 KB]
- January 30, 2008 Amended Answer to First Amended Complaint[PDF, 1.50 MB]
- Declaration of Dr. Parvez Ahmed in Support of Defendant's Motion for Judgment on the Pleadings[PDF, 1.04 MB]
- Defendant's Notice of Motion and Motion for Judgment on the Pleadings[PDF, 2.28 MB]
- December 25, 2007 Plaintiff's First Amended Complaint[PDF, 270.17 KB]
- December 3, 2007 Plaintiff's Original Complaint[PDF, 153.54 KB]
Press Releases
- January 30, 2008 CAIR Asks Judge to Throw Out Radio Host's 'Baseless' Lawsuit
Deeplinks Posts
- October 15, 2008 YouTube Responds to McCain Campaign's Letter
- October 14, 2008 McCain Campaign Feels DMCA Sting
- July 28, 2008 Fair Use Prevails Over Michael Savage's Copyright Claims
In The News
- SAN FRANCISCO CHRONICLE | May 06, 2009 Britain's ban of Savage decried by detractors
- ARS TECHNICA | July 28, 2008 Judge: Posting Shock Jock Clip to the Web is "Fair Use"
- MEDIAPOST | July 29, 2008 Court Rules Fair Use, Dismisses Radio Host's Suit
