News & Analysis as of

Copyright Litigation Statutory Damages

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

McDermott Will & Emery

Nitpicking Allowed When Determining Statutory Damages

McDermott Will & Emery on

On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more

Dunlap Bennett & Ludwig PLLC

Why Copyright Registration Matters

Creative works of expression are likely your most valuable assets if you are a film studio, photographer, software developer, writer, musician, or visual artist. To fully protect against copycats, you need federal copyright...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022: An Open-and-Shut Case for the CCB? It Depends.

Copyright owners now have another venue for enforcing copyrights: the Copyright Claims Board (CCB). Established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), the CCB aims to provide...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022

[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more

International Lawyers Network

Damages for Copyright Infringement before You Register Your Copyright

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you are...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

Perkins Coie

Congress Establishes New Copyright Small Claims Court

Perkins Coie on

The Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of...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

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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

Dorsey & Whitney LLP

Absolute Lowest Possible Statutory Damages Award Ordered for Infringing a Viral and Potentially Lucrative Photo of Trump

Dorsey & Whitney LLP on

You may have heard: infringing a viral photo of the current President of the United States will only cost you $750. Setting aside whether that valuation was at all related to the subject matter of the photo, let’s talk about...more

Bennett Jones LLP

Obituary Piracy Assessed

Bennett Jones LLP on

Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context....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

Polsinelli

Courts Split on How to Determine Statutory Damages for Copyright Infringement

Polsinelli on

The recent decision in Energy Intelligence Group, Inc. v. CHS McPherson Refinery, Inc. highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple...more

Robins Kaplan LLP

Tyler the Creator Sued for Copyright Infringement

Robins Kaplan LLP on

Rapper Tyler, the Creator (“Tyler”), is facing a lawsuit for copyright infringement, which alleges he illegally sampled a 1971 soul song, “Why Can’t There Be Love,” in his 2015 hit, “Deathcamp.” ...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

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

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