News & Analysis as of September 20, 2024

Damages

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Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

ArentFox Schiff on 5/2/2024

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

McDermott Will & Emery on 11/24/2014

Oracle Corporation v. SAP AG - The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more

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License Agreements › Copyright › Damages

Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

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