The Digital Millennium Copyright Act protect s
the integrity of copyright management information
("CMI"), a defined term. 17 U.S.C. § 1202(c). Section
1202 (c) enume rates eight types of CMI. §1202(c)(1) (8). Pertinent here, Section 1202(c) defines CMI as the
"name" of the "author " of a copyrighted work and also
as the "name" of the "copyright owner " of a work .
§1202(c)(2) , (c)(3).
Here, an author and copyright owner of a work
included his last name in the text of that work . The
Second Circuit held that his name in the text was not
CMI. Departing from the plain -text approach ta ken
by the Third and Fifth Circuits, the Second Circuit
held that being the name of the author or the
copyright owner is not sufficient to be CMI. The
Second Circuit further required that it be apparent
from context that the name is copyright -related .
Thus, the question s presented are:

1. Whether the name of the author of a copyrighted
work is CMI —or whether it must also be apparent
from context that the name is copyright -related .

2. Whether the name of the copyright owner of a
copyright ed work is CMI —or whether it must also be
apparent from context that the name is copyright related .

Whether the name of the author or copyright owner of a copyrighted work is copyright-management-information