Establishing Copyright Damages When Party Moves for Summary Judgment

Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?

14 minute read November 30, 2013 at 11:00 PM
By
Stan Soocher
Establishing Copyright Damages When Party Moves for Summary Judgment

Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award.

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