Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages
The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn't require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word 'elect' does not by itself require formal procedures.” Smith v. Thomas, 911 F.3d 378.
Soul artist Bigg Robb (Robert Smith) sued soul artist Bishop Bullwinkle (Bernard Thomas) over an unlicensed sampling. Bigg Robb's song “Looking for a Country Girl” in Bishop Bullwinkle's “Hell 2 Da Naw Naw.” The U.S. District Court for the Southern District of Ohio awarded Bigg Robb 50% of the ownership rights to “Hell 2” and $30,000 in statutory damages. In a pre-trial filing, Bigg Robb stated, “Plaintiff is entitled to statutory damages for each instance of contributory infringement or inducement of infringement.” During the trial, he said: “I took a look at the law, it said that damages up to $150,000 could be awarded by the Court.” So we are certainly asking for that amount financially.” The Sixth Circuit noted that and added: “He also testified about the willful nature of the infringement, which is only relevant to statutory damages. Smith's invocations of the Act's willfulness enhancement and $150,000 maximum, combined with an explicit mention of 'statutory damages,' indicated his election — he did not need to cite the provision itself.”
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.