D.C. Court Rules Public Docket Access Does Not Extinguish Copyright in Expert's Lawsuit Against Jan 6 Attorneys

A jury consultant alleged copyright infringement after criminal defense attorneys downloaded a copyrighted 27-page jury-attitude report from a public court docket and republished it in their clients’ cases. The report was prepared for defense counsel in an Oath Keepers trial and was later uploaded as a venue transfer exhibit, which the court denied. The consultant claimed the attorneys attached the report to venue transfer motions, and the defendants sought dismissal under Rule 12(b)(6), raising statute of limitations, collateral estoppel, lack of copyrightability, public access rights, and fair use. The court denied the motions to dismiss, noting the consultant did not dispute that attorneys could reference the report by citing docket entries or specific lines, but objected to copying and distributing the entire document.

"The court observed that Olson did not contest that the attorneys could have referenced her report by pointing to the docket entry or citing specific lines but rather objected to their wholesale copying and distribution of the entire document."

"Olson alleged the attorneys infringed her copyrighted jury-attitude report by downloading it from a public court docket and attaching it to venue transfer motions for their clients. The defendants moved to dismiss the consolidated actions under Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP), asserting defenses including statute of limitations, collateral estoppel, lack of copyrightability, public access rights, and fair use."

"The dispute arises from a 27-page jury-attitude study, the April 2022 Report, which Olson prepared for defense counsel in an Oath Keepers trial. Olson received $30,000 from the commissioning attorneys, who concluded the local community was highly biased against the January 6, 2021, defendants. Those attorneys uploaded the report to the public docket as a venue transfer exhibit, which the court ultimately denied."

"This decision follows related legal disputes Olson initiated across multiple federal jurisdictions, including the Southern District of New York, the Southern District of Florida, and the Central District of California. Olson previously pursued similar copyright claims in the District of Columbia against Proud Boys defense counsel John Daniel Hull of Hull McGuire PC and other attorneys who used her October 2022 Report without payment."

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