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Experts in Intellectual Property Damages

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We are serious about intellectual property damages. It is our chosen practice area and the focus of what we do. Intellectual property is not a side-line for us. We have the knowledge, skill, and practical experience you expect in a copyright expert witness.

  • Our clients enjoy the professional competence we bring to each engagement. We know copyrights and the unique body of law that governs copyright damages.
  • Hampton IP professionals are efficient because we have written over 100 intellectual property Rule 26 expert reports. We are persuasive because we know copyright damages, and we have been deposed and cross-examined by some of the country’s finest IP attorneys.
  • We will help you develop a winning case strategy, streamline your discovery requests, craft effective Rule 26 reports, and persuade judges and juries at deposition and trial.

Copyrights

A copyright is a legal protection provided to authors of original works of authorship, including literary, dramatic, musical, artistic, and other intellectual works. Copyright law has evolved during the past few decades, making the date of authorship an important indicator of the rights granted with a copyright. Federal registration can also enhance the legal protection granted. Generally, a copyright gives the owner the exclusive right to: (1) reproduce the work in copies or phonorecords; (2) to prepare derivative works based on the work; (3) to distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) to perform the work publicly; (5) to display the work publicly; and (6) for sound recordings, to perform the work publicly through digital audio transmissions.1

Rights associated with a copyright are limited in certain instances. One limitation is the “fair use” exemption; which allows limited use of copyrighted works without permission for commentary, criticism, new reporting, research, teaching, library archiving, and scholarship.

Copyright Infringement Damages

Title 17 of the U.S. Code, commonly referred to as the Copyright Statute, includes remedies for copyright infringement including injunctive relief, impoundment, and monetary damages.2

Title 17 of the United States Code, Section 504 reads:

“The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue. The infringer is required to present prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.” [Emphasis Added]

Copyright owners can recover actual damages suffered as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.3 Statutory damages may be awarded in lieu of actual damages.4 Attorney’s fees may also be awarded.

In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.5

Copyright infringement can be “direct” or “indirect.” Direct infringement involves the sale of the copyrighted work. Indirect infringement occurs when the infringer uses the copyrighted work to sell other products.

 

Notes

  • United States Copyright Office, available on the Web at:
    copyright.gov/circs/circa.pdf.
  • U.S. Code, Title 17
  • U.S. Code, Title 17, §504(b)
  • U.S. Code, Title 17, §504(c)
  • U.S. Code, Title 17, §504(b)

Featured Copyright Infringement Damages Cases

Ajaxo, Inc., et al. v. Bank of America, et al.

Wireless banking solutions

Brian P. Murray v. Tony Hawk, Mattel, and Activision

Images for placement on underside of skateboards

Brian Warner p/k/a Marilyn Manson, et al. v. Hot JWP Music, Inc., et al.

Music and video performances

Bryan Callan v. Christian Audigier, Inc., et al.

Artwork

Cresco, Inc. v. Target Stores

Designs of lawn and garden products

David Silva v. Paul Frank Industries, et al.

Images of Julius the Monkey

Designs in Copper, Inc. v. Import Resource Group, Inc., et al.

Designs of lawn and garden products

Emily Lowry and Kenna Ellis v. Michelle Romero, et al.

Handbag with copyrighted interchangeable covers

Financial Freedom International, Inc. v. International Credit Repair Service, Inc., et al.

Debt management treatises

Glennon Marrero v. Michael Ray Nguyen-Stevenson p/k/a Tyga, et al.

Use of Mr. Marrero’s purported copyrighted designs on apparel


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