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Ninth Circuit Examines Copyright Liability Merch Photos Case

When, as is often the case, actual copyright damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in <i>Friedman v. Live Nation Merchandise</i>, the U.S. Court of Appeals for the Ninth Circuit considered, among other things, two issues greatly affecting the amount of statutory copyright damages: 1) willfulness; and 2) the number of separate awards available for downstream infringements.

24 minute read November 01, 2016 at 12:06 AM
By
Robert J. Bernstein and Robert W. Clarida
Ninth Circuit Examines Copyright Liability Merch Photos Case

When, as is often the case, actual copyright damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in Friedman v.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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