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Channel: IP In BRIEF: Trends and Transformations in Copyright & Trademark » Statutory Damages
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Sony BMG v. Tenenbaum: Are File-Sharing Willful Infringers in Copyright...

  I know the title sounds a bit  provocative.  But the opinion in Sony BMG v. Tenenbaum protects a willful music downloader in copyright infringement litigation based on a bizarre interpretation of the...

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My Podcast on Sony BMG v. Tenenbaum Sponsored by Suffolk Law School

Sony BMG  v. Tenenbaum Here is the audio of the nine minute podcast I recently did for Suffolk University Law School discussing the district court’s decision in Sony BMG v. Tanenbaum and its impact on...

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More on Agence France v. Morel: A Publisher May Now Face a DMCA Claim For...

  The Agence France decision may be even more important because of its expansive interpretation of what constitutes copyright management information under the Digital Millennium Copyright Act (“DMCA”)....

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Sony v. Tenenbaum: What Are the Due Process Limitations on Awards of...

First Circuit review of Judge Gertner’s decision in Sony BMG v. Tenenbaum is in sight with argument set for April 4. In that copyright infringement case, the district court did what no court had ever...

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John Marshall Law School Center for Intellectual Property Law on February 25

Andrew will be speaking in Chicago at John Marshall Law School’s 55th Annual Intellectual Law Conference on Friday February 25. His topic will be constitutional challenges to statutory damages for...

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Arista Records v. Lime Wire Answers Some Novel Questions re Statutory Damages...

  The Arista Records v. Lime Wire litigation in the Southern District of N.Y., headed for a jury trial in early May, is a statutory damages tutorial. Judge Kimba Wood  has decided a number of issues of...

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Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to...

  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...

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The First Circuit’s Decision in Sony v. Tenenbaum is a Welcome Victory for...

  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....

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Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will...

          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...

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Proving Damages at Trial in Copyright Litigation

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....

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