Copyright Law Summaries
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No. 02CV2258B(AJB), 2007 WL 2827710,
S.D.Cal., 08/17/2007
Holding: In this case for copyright infringement, defamation, trademark infringement, unfair competition and business practices, and breach of contract, a jury, sitting before the U.S. District Court for the Southern District of California, issued a plaintiff’s verdict in the amount of $192,000 in favor of plaintiff Sundance Image Technology, Inc. (Sundance), a seller of inks used in computer printers. The jury likewise awarded defendant Inkjetmail.com, Ltd. (IJM) an amount of $30,975 for breach of warranty. Earlier, on May 8, 2007, the jury rendered a defense verdict in favor of IJM, a seller of ink and copyrighted software products, and determined that plaintiff R9 Corporation, the creator of and copyright holder for a software called PixelPicasso designed for “wide format” computer printers, would not recover any damages.
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No. 04cv2562 JM(CAB), 2007 WL 3194086,
S.D. California, 09/27/2007
Holding: In this case for trademark and copyright infringement involving proprietary technologies in manufacturing “customized stone profiles designed to look like natural stone,” the jury after trial rendered a plaintiff’s verdict, awarding plaintiffs the total sum of $22,034,775.00, broken down as follows: the amount of $15,000,000.00, later reduced to $2,488,750 by remittitur, as compensatory damages for misappropriation of trade secrets; $1,000,000.00 as exemplary damages for misappropriation of trade secret found against defendant Renaissance Stone; $100,000.00 as exemplary damages for misappropriation of trade secret found against defendant Alvarez; the amount of $50,000.00, later reduced by the district court on remittitur to $25,000.00, as exemplary damages for misappropriation of trade secret against defendant Hager; $75,000.00 as compensatory damages for copyright infringement; another $100,000.00 as statutory award for willful copyright infringement; compensatory award of $1,859,775.00 for interference with economic relationship; punitive damages award of $3,500,000.00 for interference with economic relationship found against defendant Renaissance; another punitive damages award of $225,000.00 for interference with economic relationship found against defendant Alvarez; and another punitive damages award of $125,000.00 likewise for interference with economic relationship found against defendant Hager. Further, the U.S. District Court for the Southern District of California ordered defendants to cease and desist from making any manufactured stone products created or based on Eldorado’s trade secrets in its custom colors.
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No. 07CV0294(JM), 2007 WL 2827711,
S.D.Cal., 06/15/2007
Holding: In this case for trademark and copyright infringement involving materials for test prep course, plaintiff and defendants came to a settlement, both agreeing to a permanent injunction that would prevent defendants from reproducing and distributing plaintiff’s copyrighted examination review materials and using plaintiff’s trademarks.
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No. 06CV0416(LAB), WL 2983123,
S.D. California, 08/27/2007
Holding: In this case, a jury issued a plaintiff’s verdict in the total amount of $739,698. In this case involving rights over the radio programs known as “The BeBe Winans Radio Show” and “A Moment of Inspiration,” the award consisted of: $12,803 as unjust enrichment/quantum meruit, and $50,000 as punitive damages, both against defendant radio company Blue Sky; $43,645 as unjust enrichment/quantum meruit, $75,250 for breach of contract, and $433,000 as punitive damages, all against defendant radio owner Versen; and $125,000 for fraud both against defendants Versen and Blue Sky.
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LC066212, 2007 WL 1039286,
Cal.Superior, 02/07/2007
Holding: In this action for breach of contract filed by a contractor against a real estate development company which cross claimed for breach of contract, breach of fiduciary duty, violation of trade secrets/unfair competition, copyright infringement, defamation, among others, an arbitration award in the amount of $1,063,361.98 for breach of contract was granted in favor of plaintiff.
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Copyright Law Commentaries
Following are Copyright Law Commentaries elaborating on the significance of the most important of the Copyright Law Summaries.
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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
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Related summary: Sixth Circuit Orders Remittitur of Punitive Damage Award in Bridgeport Music v. Justin Combs Case
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.
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Related summary: Downloading of a Music File Not A Public Performance, District Court Declares in U.S. v. ASCAP
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.
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Related summary: Perfect 10, Inc. v. Amazon.com, Inc.
Perfect 10, Inc. v. CCBill L.L.C.
Posted: 05/24/2007
Commentary: The Ninth Circuit recently clarified the requirements for notice under the safe harbor provision of section 512 of the Digital Millenium Copyright Act. Though other courts have created relatively flexible standards, the Ninth Circuit ruled that compliance with all of the section’s clauses is required. This is good news for website providers, since it keeps copyright owners from shifting to providers their burden of investigating and remedying alleged infringement.
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Related summary: Perfect 10, Inc. v. CCBill LLC
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