Category Archives: Copyright

Innocent Infringement based on industry standards for website developers

By James Juo. Instead of actual damages and profits, a copyright owner may elect to recover statutory damages, which a court may award in the range between $750 and $30,000. 17 U.S.C. § 504(c)(1). For willful infringement, statutory damages may be increased up to $150,000. The court has broad discretion to assess damages within the statutory […]

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Recovering Attorneys’ Fees in Intellectual Property Cases

If someone has violated your intellectual property rights, it’s only natural that you’d want to get your attorneys’ fees back when the case is finalized. Depending on the jurisdiction, the circumstances of the case and the type of intellectual property at stake, this may be possible. As always, the best way to find out whether […]

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Copyright Infringement But For De Minimis Doctrine

By James Juo. The incidental appearance of a trivial portion of a large visual work, such as an outdoor mural, in the background of a photograph may be de minimis use that does not give rise to copyright infringement. “Typically, courts examine the de minimis defense first to determine if any actionable copying has occurred. . . . […]

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What types of works are protected by copyright?

By: Scott Brenner The U.S. Copyright Act protects “original works of authorship fixed in any tangible medium of expression.”[1] Specifically, copyright law protects: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and […]

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DMCA Requires Scienter for CMI Violations

By James Juo. Section 1202 of the Digital Millennium Copyright Act (“DMCA”) prohibits removing or altering copyright management information (“CMI”) that is “conveyed in connection with” creative works. Under the statute, CMI is defined to include information such as the title or other information identifying the copyrighted work, the author, terms and conditions for use […]

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