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Category Archives: Damages

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Willful Infringement of Copyright in Haitian Earthquake Photographs Cost AFP and Getty $1.2 Million

Posted in Copyright, Copyright Infringement, Damages, Digital Millenium Copyright Act, Safe Harbor, Statutory Damages

Written by: Susan Neuberger Weller A federal jury in New York has found Agence France-Presse and Getty Images Inc. willful in their infringement of Daniel Morel’s copyrights in eight photographs of the 2010 Haiti earthquake, and ordered them to pay damages of $1.2 million. The court had already found AFP  liable for direct copyright infringement… Continue Reading

Copyright Infringement Damages Upheld in File Sharing Case

Posted in Copyright, Copyright Infringement, Damages, Litigation, Music, Statutory Damages

Written by: Susan Neuberger Weller  The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been found liable for illegally downloading 30 songs and a jury awarded statutory damages of $22,… Continue Reading

Further to the “Copying from the Internet” Issue…..

Posted in Copyright, Copyright Infringement, Damages, Fair Use, Litigation

Written by Susan Neuberger Weller In our August 14th blog, we explained why just because you can copy something from the Internet, doesn’t mean you should copy from the Internet. A case on this very issue that has been around for several years involved the well-known “Hope” poster of President Obama’s face made during the… Continue Reading

Video Interview: Discussing Sony BMG Music Entertainment v. Tenenbaum with LXBN TV

Posted in Copyright, Copyright Infringement, Damages, Statutory Damages

Written by Susan Neuberger Weller Following up on my post on the subject, I had the opportunity to speak with Colin O’Keefe of LXBN regarding Song BMG Music Entertainment v. Tenenbaum. In the brief interview, I explain the background of the case and why Tenenbaum ended up being ordered to pay such a hefty price for… Continue Reading

Are You Willing to Pay $22,500 to Download A Song?

Posted in Copyright, Copyright Infringement, Damages, Statutory Damages

Written by Susan Neuberger Weller The August 23, 2012 decision in Song BMG Music Entertainment v. Tenenbaum, the most recent in this extended litigation, leaves no doubt that individuals who download music and distribute it without proper authorization through peer-to-peer file sharing sites are subject to liability for copyright infringement and payment of substantial statutory damages for… Continue Reading

Just Because You Can Copy It Does Not Mean That You May Copy It

Posted in Copyright, Copyright Infringement, Damages, Digital Millenium Copyright Act, Fair Use, Pinterest, Safe Harbor

Written by Susan Neuberger Weller In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources. Courts have found third party liability for willful and innocent copyright infringement for the use of individual photographs and have awarded damages to copyright… Continue Reading

17 U.S.C. Sec. 505 Means What It Says: Attorney’s Fees Award to Prevailing Party Discretionary

Posted in 17 USC sec. 505, Attorney's Fees, Copyright Infringement, Damages, Litigation

Section 505 of the Copyright Act provides that, in a copyright infringement action, the court may “in its discretion” award costs to a prevailing party.  In addition, the provision provides that the court ”may” award a prevailing party its reasonable attorney’s fees as part of the award of costs.  Despite this language, many litigants have taken the position that… Continue Reading