Willful Copyright Infringement
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Willful Copyright Infringement
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Author : Jeffrey M. Thomas
language : en
Publisher:
Release Date : 1990
Willful Copyright Infringement written by Jeffrey M. Thomas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Copyright categories.
Copyright Enforcement In The Digital Age
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Author : Ben Depoorter
language : en
Publisher:
Release Date : 2019
Copyright Enforcement In The Digital Age written by Ben Depoorter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Statutory damage awards are controversial in copyright law. To some, statutory damages are indispensable to enable the pursuit of meritorious copyright infringement claims that otherwise are too costly to pursue. Others are convinced that the availability of statutory damages tempts plaintiffs into asserting dubious infringement claims in order to obtain generous settlement concessions from risk averse defendants. In light of these contrasting viewpoints, we face the important policy question whether statutory damages should be redesigned for the digital age or, to the contrary, be retained in their current form, given the difficulties of enforcing copyrights online.This Article conducts a comprehensive empirical study of copyright statutory damages. An extensive examination of docket entries and case law reveals a widespread practice of overclaiming of remedies in copyright litigation. Although 80 percent of plaintiffs in all disputes claim that they suffered conduct that constitutes willful infringement, courts find willful infringement in just 2 percent of cases where plaintiffs obtain a favorable verdict. The findings suggest that remedy overclaiming in copyright serves strategic purposes. For instance, by highlighting the outer range of enhanced statutory awards in complaints, plaintiffs leverage the risk aversion of defendants to induce generous settlement concessions. In order to curb opportunistic uses of the statutory damages, I provide policy suggestions that would make remedy overclaiming more costly to plaintiffs and less threatening to defendants.
Willful Infringement And Counsel S Opinion
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Author : Elena Torgan
language : en
Publisher:
Release Date : 2009
Willful Infringement And Counsel S Opinion written by Elena Torgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Copyright infringement categories.
Criminal Enforcement Of Intellectual Property
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Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-10-31
Criminal Enforcement Of Intellectual Property written by Christophe Geiger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-31 with Law categories.
19. Counterfeiting and the music industry: towards a criminalization of end users? The French 'HADOPI' exampleIndex.
Wilful Blindness
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Author : Richard Vinciullo
language : en
Publisher:
Release Date : 2006
Wilful Blindness written by Richard Vinciullo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Copyright categories.
Statutory Damages In Copyright Law
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Author : Pamela Samuelson
language : en
Publisher:
Release Date : 2010
Statutory Damages In Copyright Law written by Pamela Samuelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
U.S. copyright law gives successful plaintiffs who promptly registered their works the ability to elect to receive an award of statutory damages, which can be granted in any amount between $750 and $150,000 per infringed work. This provision gives scant guidance about where in that range awards should be made, other than to say that the award should be in amount the court quot;considers just,quot; and that the upper end of the spectrum, from $30,000 to $150,000 per infringed work, is reserved for awards against quot;willfulquot; infringers. Courts have largely failed to develop a jurisprudence to guide decision-making about compensatory statutory damage awards in ordinary infringement cases or about strong deterrent or punitive damage awards in willful infringement cases. As a result, awards of statutory damages are frequently arbitrary, inconsistent, unprincipled, and sometimes grossly excessive.This Article argues that such awards are not only inconsistent with Congressional intent in establishing the statutory damage regime, but also with principles of due process articulated in the Supreme Court's jurisprudence on punitive damage awards. Drawing upon some cases in which statutory damage awards have been consistent with Congressional intent and with the due process jurisprudence, this Article articulates principles upon which a sound jurisprudence for copyright statutory damage awards could be built. Nevertheless, legislative reform of the U.S. statutory damage rules may be desirable.
Willful Infringement And Magic Words
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Author : Charles L. Gholz
language : en
Publisher:
Release Date : 1984
Willful Infringement And Magic Words written by Charles L. Gholz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Patent infringement categories.
Infringement Nation
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Author : John Tehranian
language : en
Publisher:
Release Date : 2011-03-31
Infringement Nation written by John Tehranian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-31 with Law categories.
Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
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language : en
Publisher:
Release Date :
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Intellectual Property Law
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Author : Terence P. Ross
language : en
Publisher: Law Journal Press
Release Date : 2000
Intellectual Property Law written by Terence P. Ross and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.