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Raising the Stakes in Copyright Litigation: The Availability of Punitive Damages

Many practitioners likely assume that the sole monetary remedies under the Copyright Act are those specified in Sec, 504 of the statute, namely the copyright owner's provable losses and/or the infringer's profits, or, alternatively, statutory damages (which, by statutory formula, include possible stepped-up awards in cases of willful infringement). It was thus with some significance, and perhaps surprise, that in <i>Blanch v. Koons</i>, a slender decision of only seven paragraphs, a federal district judge in New York rendered a decision that granted a motion to amend the complaint in a copyright case to allow the plaintiff to seek punitive damages (not simply enhanced statutory damages).

18 minute read January 28, 2005 at 11:17 AM
By
Jonathan E. Moskin
Raising the Stakes in Copyright Litigation: The Availability of Punitive Damages

The threat of enhanced damages, particularly in the hands of a jury, can considerably affect the strategic conduct of litigation.

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