Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages
The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn't require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word 'elect' does not by itself require formal procedures.” Smith v. Thomas, 911 F.3d 378.
Soul artist Bigg Robb (Robert Smith) sued soul artist Bishop Bullwinkle (Bernard Thomas) over an unlicensed sampling. Bigg Robb's song “Looking for a Country Girl” in Bishop Bullwinkle's “Hell 2 Da Naw Naw.” The U.S. District Court for the Southern District of Ohio awarded Bigg Robb 50% of the ownership rights to “Hell 2” and $30,000 in statutory damages. In a pre-trial filing, Bigg Robb stated, “Plaintiff is entitled to statutory damages for each instance of contributory infringement or inducement of infringement.” During the trial, he said: “I took a look at the law, it said that damages up to $150,000 could be awarded by the Court.” So we are certainly asking for that amount financially.” The Sixth Circuit noted that and added: “He also testified about the willful nature of the infringement, which is only relevant to statutory damages. Smith's invocations of the Act's willfulness enhancement and $150,000 maximum, combined with an explicit mention of 'statutory damages,' indicated his election — he did not need to cite the provision itself.”
*****
Stan Soocher is Editor-in-Chief of Entertainment Law & Finance, an entertainment attorney and Professor of Music & Entertainment Studies at the University of Colorado's Denver Campus. For more information: www.stansoocher.com.
|This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.