Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsLitigationTechnology Media and TelecomSectionsNewsLJN Newsletters

Factors in Assessing Statutory Damages for Digital Copyright Infringement

By Stan Soocher

A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era. Peermusic III Ltd. v. LiveUniverse Inc., 09-6160 (C.D.Calif. 2012). In addition, since September 2011 two federal appeals courts, in cases against unauthorized file-sharers, declined to void the Copyright Act's statutory damages provisions as violating constitutional due process. Capitol Records Inc. v. Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012); Sony BMG Music Entertainment v. Tenenbaum, 660 F.3d 487 (1st Cir. 2011). (See the retrospective article on the Thomas-Rasset decision on page 5 of this issue of Entertainment Law & Finance.)

In the LiveUniverse case, Judge George H. Wu of the U.S. District Court for the Central District of California awarded $12,500 for each of 528 songs' lyrics posted on the defendant website. The district judge also issued a permanent injunction and awarded attorney fees and costs in favor of the publishers. The statutory damages, for which judges have wide discretion, followed three contempt orders, violation of a preliminary injunction and a default judgment against LiveUniverse.

This premium content is locked for Entertainment Law & Finance subscribers only

  • 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

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.