Recent Posts in Copyright Damages Category

  • Apportionment for Copyright Infringement Damages

    An accounting of a defendant’s profit is an often-used economic remedy for copyright infringement under the Federal Copyright Act. Last year, the Supreme Court reaffirmed in its Petrella v. Metro-Goldwyn-Mayer, Inc. decision that a defendant “may retain the return on investment shown to be attributable to its own enterprise, as distinct from the value created by the infringed work.” In other ...
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  • Copyright Damages Based on Revenues Earned from Sale

    Damage experts are often asked to calculate copyright damages based on revenues earned from the sale of products and services other than the copyrighted work. The copyright statute establishes monetary remedies available in copyright infringement cases.1 Section 504 states: The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any ...
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