Copyright Damages: Actual/Statutory

The Legal Landscape of NFTs in the U.S.

Reading Time: 12 minutes NFTs have attracted creators, investors and brands fueled by the outsized returns some have enjoyed. But NFTs are a trap for the unwary. Many buyers have no idea of the rights and restrictions associated with their NFTs; there is no federal regulation and much fraud. This post will guide those interested in NFTs through this opaque landscape, outline recent litigations,offer some trademark guidance and raise enforcement concerns. …Continue reading The Legal Landscape of NFTs in the U.S.

It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative

Reading Time: 11 minutes While we wait, we wonder. Will the result by the Supreme Court in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith (“Warhol”) give copiers the right to turn Darth…Continue reading It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative

Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation

Reading Time: < 1 minute Thinking of starting a copyright litigation? You need to answer a number of questions to assure a successful outcome. The questions include:…Continue reading Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation

Is The End Of Embedding In Sight?

Reading Time: 9 minutes Embedding flourishes on the internet. Social media like YouTube, networking sites such as Twitter, streaming music services, including Spotify and search engines like Google, encourage embedding and offer tools that facilitate this practice. …Continue reading Is The End Of Embedding In Sight?

What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella, Sohm & Starz

Reading Time: 2 minutes 17 U.S.C. § 507(b), the copyright litigation statute of limitations appears to be deceptively simple. It requires an infringement claim to be “commenced within three years after the claim accrued.”

After ReDigi, Will NFTs Enable A Digital Resale Market

Reading Time: 7 minutes Entrepreneurs have long dreamed of a digital resale market Imagine if music lovers could resell their unwanted digital music downloads with a click of a mouse or if college students…Continue reading After ReDigi, Will NFTs Enable A Digital Resale Market

Proving Damages at Trial in Copyright Litigation

Reading Time: 5 minutes David Leichtman from Robins Kaplan in NY gave us an excellent presentation on proving damages at trial in copyright litigation at the Intellectual Property Institue’s Ocean Reef winter conference. Here is my summary of his talk along with links to some of the cases he mentioned and his PowerPoint….Continue reading Proving Damages at Trial in Copyright Litigation

Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version

Reading Time: 5 minutes Mastering Rubik’s Cube may be easier. Predicting the amount of statutory damages that will be awarded in copyright infringement litigation continues to confound attorneys on both sides of the…Continue reading Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version

The First Circuit’s Decision in Sony v. Tenenbaum is a Welcome Victory for Copyright Holders In Copyright Infringement Cases

Reading Time: 4 minutes Copyright creators should applaud the First Circuit’s decision in Sony v. Tenenbaum. Although the holding is narrow, the balance of the opinion is a resounding victory for copyright enforcement….Continue reading The First Circuit’s Decision in Sony v. Tenenbaum is a Welcome Victory for Copyright Holders In Copyright Infringement Cases

Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?

Reading Time: 4 minutes Lime Wire continues to educate regarding statutory damages. The latest novel issue it decided is whether a judgment for statutory damages against an individual infringer for copyright infringement of…Continue reading Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?