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Copyright Law Summaries
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Registration of Claims to Copyright-Renewals
Docket No. RM 2007–8, 37 CFR Part 202, 72 FR 61801, 11/01/2007
Digital Performance Right in Sound Recordings and Ephemeral Recordings
Docket No. 2005-1 CRB DTRA37, CFR Part 380, 05/01/2007
Amendments in Copyright Registration Fees
RM 2007-6, 37 CFR Part 201 and 212,
Federal Register (Volume 72, Number 117), 06/19/2007
Copyright Law Commentaries
Following are Copyright Law Commentaries elaborating on the significance of the most important of the Copyright Law Summaries.
Derek Andrew v. Poof Apparel: No statutory damages available when copyright infringement begins pre-registration
Derek Andrew v. Poof Apparel
Posted: 08/07/2008
Commentary: Under the Copyright Act, a registered copyright owner has the option to elect to recover either statutory damages or actual damages for infringement. Because actual damages are often difficult to prove, the option to elect statutory damages is extremely valuable. Section 412 of the Copyright Act, however, limits the option of statutory damages available to a copyright owner when infringement occurs prior to the registration of the copyright in question, even if the infringement also occurs after the registration. In Derek Andrew v. Poof Apparel, 528 F.3d 696 (9th Cir. 2008), the Ninth Circuit Court joined the Second, Fourth, Fifth, and Sixth Circuit in barring the option of statutory damages for ongoing infringement, that is, where infringement begins pre-registration and continues post-registration. The lesson for copyright owners is clear: get your copyright registered as soon as possible to maximize the types of recovery available to you against infringers. More...
Related summary: Ninth Circuit Reverses Statutory Damage Award against Apparel Company, But Remands Attorneys’ Fees Award
Litecubes v. Northern Lights Products: Extending the Extraterritorial Reach of Subject Matter Jurisdiction
Litecubes, L.L.C. and Carl R. Vanderschuit v. Northern Lights Products, Inc.
Posted: 05/13/2008
Commentary: The Court of Appeals for the Federal Circuit’s decision in Litecubes LLC v. Northern Light Products clarified some critical elements of IP litigation jurisprudence. Litecubes LLC v. Northern Light Products, ___ F3d ___, 2008 WL 1848659 (C.A. Fed. (Mo.)) The Litecubes Court took the opportunity to clarify a few issues that have been the source of confusion in the IP arena, particularly regarding infringement claims with extraterritorial aspects. Specifically, the Litecubes Court addressed the fact that proof that the infringing activity takes place in the United States is proof of an element of infringement, but it is not relevant to the question of subject matter jurisdiction. More...
Related summary: Federal Circuit Affirms District Court’s Findings Against GlowProducts on LiteCubes’ Ice Cube
Bridgeport v. Combs: Putting Limits on Punitive Damage Awards in Copyright Action
Bridgeport Music, et al. v. Justin Combs Publishing, et al.
Posted: 12/04/2007
Commentary: It was once highly unusual for a successful copyright infringement plaintiff to win punitive damages – indeed, most courts have held that punitives were wholly unavailable for claims under the federal Copyright Act. But in the last decade, courts have been increasingly willing to allow punitive damages in actions based on both federal and state common law, and the awards are getting bigger and bigger. In Bridgeport v. Combs, 507 F.2d 470 (6th Cir. 2007), the 6th Circuit puts some parameters around these awards, explaining why a jury’s $3.5 million punitive damages award was unconstitutionally excessive, and offering future courts some guidance on assessing punitive damage awards More...
Related summary: Sixth Circuit Orders Remittitur of Punitive Damage Award in Bridgeport Music v. Justin Combs Case
US v. ASCAP: Downloading Music from the Internet Does Not Constitute a Public Performance for Which a Performance Royalty Fee Is Due to ASCAP; Only A Reproduction Fee Applies.
U.S. v. American Society of Composers, Authors, and Publishers
Posted: 09/20/2007
Commentary: In its decision in US v. ASCAP, 485 F. Supp. 2d 438 (SDNY 2007), the Southern District of New York clarified how the Copyright Law concept of “public performance” applies to the Internet concepts of downloading versus streaming. While on its face, the decision appears to establish a bright line rule, the Court did acknowledge the possibility of more questionable applications in the future. More...
Related summary: Downloading of a Music File Not A Public Performance, District Court Declares in U.S. v. ASCAP
In Amazon.com Case, Court Classifies Framed Display of Images in Web Search Engines as Fair Use
Perfect 10, Inc. v. Amazon.com, Inc.
Posted: 07/26/2007
Commentary: In this appeal brought by both the copyright owner Perfect 10, Inc. and defendants which included Internet search engine and Internet retailer (Google, Inc. and Amazon.com, Inc.), the Court of Appeals ruled that the Internet search engine operator's act of framing in-line linked full-size images of copyrighted photographs on its website did not constitute "display" of copies of such photographs, within the meaning of Copyright Act, as would amount to copyright infringement. Although the storage and transmission of a thumbnail image version of a full-size copyrighted image is considered direct infringement of the exclusive right to display a work, the use falls under the fair use exception. More...
Related summary: Perfect 10, Inc. v. Amazon.com, Inc.
