Copyright damages incorporate some unusual aspects, and foresight is required to take full advantage of (or to defend against) the range of available remedies. Copyright Remedies: A Litigator's Guide to Damages and Other Relief is a concise, practical guide for any litigator prosecuting, defending, or evaluating a copyright infringement lawsuit or claim under the Digital Millennium Copyright Act (DMCA), any practitioner responsible for a copyrighted work that may become the subject of litigation, and any attorney advising clients on copyright and DMCA issues. The authors, both experienced litigators with wide experience in copyright and intellectual property cases, explain the range of remedies available and provide numerous checklists and analysis of subcategories of damages. The information they offer is both readable and thorough, citing key cases as well as unusual ones and identifying significant differences among the circuits. Chapters are organized to give a quick overview of the available remedies, and each provides a checklist of available subcategories of damages or more detail on the elements and important considerations for each particular remedy.
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Maße
Höhe: 229 mm
Breite: 151 mm
Dicke: 8 mm
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ISBN-13
978-1-62722-437-6 (9781627224376)
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Schweitzer Klassifikation
Eric M. Stahl is a partner with Davis Wright Tremaine LLP where he represents media and entertainment companies, advertisers and other communications companies in intellectual property, commercial and First Amendment disputes. Along with Henry Tashman, he represented the plaintiff in the Columbia Pictures Television v. Krypton Broadcasting trial, resulting in what was at the time the largest reported award of copyright statutory damages. Henry J. Tashman is the founding partner of Davis Wright Tremaine's Los Angeles Litigation, Antitrust, Intellectual Property, Media and Entertainment practices. He has handled hundreds of complex antitrust, contract and intellectual property cases as both outside counsel and in-house counsel for a major entertainment company.
Chapter 1: Introduction and Scope of Work Chapter 2: Registration as a Threshold Issue for Determining Available Remedies I. Scope, Operation, and Purpose of Registration Requirement II. Exceptions to the Registration Requirement Key Points and Practice Tips Chapter 3: Plaintiff's Actual Damages and Defendant's Profits I. Scope and Purpose of the Remedy II. Time Period Covered III. Litigating the Copyright Owner's Actual Damages IV. Litigating the Infringer's Profits Key Points and Practice Tips Chapter 4: Statutory Da mages I. Overview and Scope of Remedy II. Purpose of Statutory Damages III. Calculating the Number of Statutory Damage Awards IV. Determining the Amount of the Award V. Election of Statutory Damages VI. Judicial Reduction of Allegedly Excessive Statutory Damages Awards VII. Punitive Damages Contrasted Key Points and Practice Tips Chapter 5: Damages under the Digital Millennium Copyright Act I. Overview II. The DMCA's Anticircumvention and Copyright Management Protections (17 U.S.C. 1201, 1202) III. The DMCA's Notice and Takedown Provision and Misrepresentation Cause of Action (17 U.S.C. 512) Key Points and Practice Tips Chapter 6: Injunctions I. The Applicable Standard for Injunctive Relief: Demise of the Presumption of Irreparable Harm II. Issues Related to Temporary Restraining Orders and Preliminary Injunctions III. Issues Related to Permanent Injunctions IV. Elements for Obtaining Injunction Key Points and Practice Tips Chapter 7: Impoundment and Destruction II. Other Forms of Impoundment and Destruction Key Points and Practice Tips Chapter 8: Attorneys' Fees and Other Costs I. Overview II. Prerequisites to Fee Awards III. Prevailing Party's Eligibility for a Fee Award IV. Determining the Amount of the Fee Award V. Other Recoverable Costs VI. Strategic Considerations Key Points and Practice Tips
