Remedies for Small Copyright Claims PDF Download

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher:
ISBN:
Category :
Languages : en
Pages : 56

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Author: United States. Congress
Publisher: Createspace Independent Publishing Platform
ISBN: 9781984931689
Category :
Languages : en
Pages : 52

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Remedies for small copyright claims : hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, second session, March 29, 2006.

Author: United States House of Representatives
Publisher:
ISBN: 9781709400407
Category :
Languages : en
Pages : 54

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Remedies for small copyright claims: hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, second session, March 29, 2006.

Author: Eric M. Stahl
Publisher: American Bar Association
ISBN: 9781627224376
Category : Law
Languages : en
Pages : 146

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Book Description
To take full advantage of (or defend against) the range of available remedies, Copyright Remedies offers a concise, practical guide for any attorney who is prosecuting, defending, or evaluating a copyright infringement lawsuit or claim under the Digital Millennium Copyright Act (DMCA), or who is responsible for a copyrighted work that may become the subject of litigation. Experienced copyright and IP litigators explain the remedies available and provide checklists and analysis of subcategories of damages.

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 248

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Sabrina Loftus
Publisher: Nova Science Publishers
ISBN: 9781631173134
Category : Copyright infringement
Languages : en
Pages : 0

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The Constitution empowers, and the Copyright Act conveys, a system of exclusive rights for authors, for the benefit of their livelihoods, the livelihoods of other actors in the chain of commerce, and the overall public good. To protect and promote these rights, the law has always included a corresponding set of enforcement provisions allowing copyright owners to redress the unauthorised use of their works. While infringement is nothing new when it comes to the world of creative works, there is no question that it has proliferated with the ascendance of digital culture and the unprecedented desire for content. Today it is not only easy to make unauthorized copies, but to do so at virtually no cost, much to the detriment of authors and the market for their works. This book discusses the remedies for small copyright claims provided by the Graphic Artists Guild, the Association of American Publishers, and American photographic artists.

Author: Orit Fischman Afori
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Copyright law was designed to achieve the societal goal of promoting progress, by encouraging the creation of works and by safeguarding their accessibility. However, some fundamental failures, including the chilling effect (a result of the current system), prevent optimal use of copyrighted works. Several causes combine to create the chilling effect, some of which have not been discussed in scholarly writing. This article focus on two basic characteristics of copyright law which, when combined, enhance the chilling effect. The first is the all-or-nothing approach adopted by courts in copyright cases, under which copyright litigation generally leads to one of two outcomes: either the plaintiff wins and is entitled to all available remedies, including injunctive and monetary relief, or they lose and receive nothing. The second characteristic is the many uncertainties of copyright law. The first part of the article explains the effect that the combination of these two characteristics creates, an incentive to settle, rather than litigate, copyright disputes, and its consequences. In the second part, the article discusses a way to resolve this problem: introducing a flexible approach to remedies, determined on a case by case basis, which would permit courts to balance the conflicting interests inherent in copyright law. If courts were able to grant remedies that reflect a compromise position, then parties might prefer to litigate and leave the final decision to court; or at least it might reduce the settlement amount to be paid. In order to achieve this result, copyright remedies should not be viewed as due automatically once it has been determined that an infringement has taken place, but rather as a complimentary means for implementing policy. The article ends with an illustration of ways by which injunctive and monetary remedies could be employed by courts so as to reflect the conflicting interests and produce flexible outcomes, which may reduce the chilling effect of the current system on the use of copyrighted works.

Author: Ben Depoorter
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Statutory damage awards are controversial in copyright law. To some, statutory damages are indispensable to enable the pursuit of meritorious copyright infringement claims that otherwise are too costly to pursue. Others are convinced that the availability of statutory damages tempts plaintiffs into asserting dubious infringement claims in order to obtain generous settlement concessions from risk averse defendants. In light of these contrasting viewpoints, we face the important policy question whether statutory damages should be redesigned for the digital age or, to the contrary, be retained in their current form, given the difficulties of enforcing copyrights online.This Article conducts a comprehensive empirical study of copyright statutory damages. An extensive examination of docket entries and case law reveals a widespread practice of overclaiming of remedies in copyright litigation. Although 80 percent of plaintiffs in all disputes claim that they suffered conduct that constitutes willful infringement, courts find willful infringement in just 2 percent of cases where plaintiffs obtain a favorable verdict. The findings suggest that remedy overclaiming in copyright serves strategic purposes. For instance, by highlighting the outer range of enhanced statutory awards in complaints, plaintiffs leverage the risk aversion of defendants to induce generous settlement concessions. In order to curb opportunistic uses of the statutory damages, I provide policy suggestions that would make remedy overclaiming more costly to plaintiffs and less threatening to defendants.

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 424

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