Copyright Law | Expert Legal Commentary
June 30, 2009
Dream Games: Illegal Use of Copyrighted Work Does Not Preclude Damages for Infringement
Dream Games of Arizona, Inc. v. PC Onsite
By
Olivier A. Taillieu and Jeffrey J. Zuber of Zuber & Taillieu LLP
In a case of first impression, the 9th Circuit held that illegal use or operation of a copyrighted work by the copyright owner does not preclude an award of statutory or actual damages for infringement. In Dream Games of Arizona, Inc. v. PC Onsite, 561 F.3d 983 (9th Cir. 2009), the federal appellate court rejected the infringer’s unclean hands defense based on a claim that the plaintiff used its copyright illegally in two states. The Court held that a work that contains legal content but which may be used for illegal purposes is still copyrightable.
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About the Authors
Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Jeffrey J. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/DNY59
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