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The Copyright Act Statutory Damages

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Mandelbaum Barrett PC

Avoid the Troll – How to Protect You and Your Business From Inadvertent Copyright Problems

Mandelbaum Barrett PC on

Copyright infringement filings continue to grow with 2023 seeing a 25% increase in cases according to year end federal court statistics. This surge is driven in large part by copyright assertion entities, or “copyright...more

AEON Law

Patent Poetry: Ninth Circuit: Registration of Photo Database Supports Statutory Damages for Each Photo

AEON Law on

The Ninth Circuit has affirmed a federal district court’s ruling that the owner of a collection of photos was entitled to statutory damages for each infringed photo even though the owner had registered the collection with the...more

Weintraub Tobin

The Interplay Between Statutory Damages And Joint And Several Liability In A Copyright Infringement Action

Weintraub Tobin on

Under the Copyright Act, an owner of a copyright suing for infringement may elect to seek statutory damages instead of actual damages. The amount of statutory damages under the Copyright Act are limited to $30,000 for...more

Manatt, Phelps & Phillips, LLP

Second Circuit Affirms $6.7M VARA Judgment for Aerosol Artists

In a major victory for street artists, the Second Circuit on Feb. 20, 2020, affirmed a lower court’s decision that awarded $6.75 million in statutory damages to aerosol artists whose graffiti art on a warehouse was destroyed...more

Proskauer - Minding Your Business

Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act

Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to...more

McDermott Will & Emery

A Tale of Two (or 33) Copyrights: Calculating Statutory Damages

McDermott Will & Emery on

Addressing § 504(c)(1) of the US Copyright Act, which permits an award of statutory damages in lieu of actual damages for copyright infringement, the US Court of Appeals for the Seventh Circuit considered a question of first...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

Robins Kaplan LLP on

The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more

Sunstein LLP

March 2019 IP Update: Copyright Owners Must Wait to File Infringement Claims

Sunstein LLP on

Section 411(a) of the Copyright Act provides that “no civil action for infringement of . . . copyright . . . shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” A...more

McDermott Will & Emery

Hell 2 Da Naw Pay Up Statutory Damages Award

McDermott Will & Emery on

Addressing the proper procedure for electing statutory damages under the Copyright Act, the US Court of Appeals for the Sixth Circuit affirmed the district court, agreeing that the plaintiff had properly informed the court of...more

Jaburg Wilk

The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin

Jaburg Wilk on

On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more

Morrison & Foerster LLP - Social Media

Limiting Statutory Damages in Internet Copyright Cases

One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service...more

Morrison & Foerster LLP

MoFo IP Newsletter - April 2017

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more

McDermott Will & Emery

Ninth Circuit Provides a Second Look at Willful Copyright Infringement **WEB ONLY**

McDermott Will & Emery on

In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a music...more

McDermott Will & Emery

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

McDermott Will & Emery on

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement...more

Foley Hoag LLP - Trademark, Copyright &...

First Circuit Affirms $675,000 Award Against Joel Tenenbaum: Gore Test Does not Apply to Statutory Damages under Copyright Act

This week, the First Circuit affirmed a $675,0000 statutory damages award against college student Joel Tenenbaum for copyright infringement. The Court held that the damages award, based on Tenenbaum’s illegal downloading and...more

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