Manatt Secures Ninth Circuit Victory for Megan Roup and The Sculpt Society

A Manatt team led by Entertainment Litigation Partner , along with and , secured a significant victory for Megan Roup and The Sculpt Society when the Ninth Circuit affirmed a previous ruling that workout routines in Tracy Anderson’s DVDs are not protectable by copyright.

The unanimous three-judge panel rejected arguments that the routines qualified as protectable choreography and said that granting copyright protection would improperly confer monopoly rights over functional physical sequences and well-being.

Bach noted that “[t]he panel’s ruling validates what we have maintained all along—that fitness belongs to everyone and cannot be restricted through misuse of the copyright laws.”

The ruling is the latest rejecting the copyright claim first brought by Tracy Anderson Mind and Body LLC in July 2022. Manatt previously won dismissal of Anderson’s Lanham Act false advertising and California unfair competition claims at the district court, including recovering attorneys’ fees after winning an anti-SLAPP motion to strike. Anderson only appealed the copyright claim. The Manatt team at the district court also included Partner .

The team was recognized by Am Law with a Litigator of the Week “Shout Out” for their victory.

Learn more about the decision .