MP3tunes was an online music service that allowed users to search the Internet for free songs and to store those songs in the users’ MP3tunes personal online storage lockers. EMI Inc., a music publishing company, sued MP3tunes and its founder, Michael Robertson, for copyright infringement. Trial for this case is set to begin in late February 2014.
For one of his pretrial motions, defendant Robertson moved to exclude evidence regarding copyright registrations for cover art for sound recordings, arguing that sound recording (SR) registrations cannot include cover art and that some copyright registration forms were not correctly filled out. Excluding evidence from being presented at trial means that that evidence cannot be used by a party to establish a claim or defense. The idea is to exclude certain key evidence or exclude enough evidence to prevent an opposing party from establishing her case.