In a trial to assess the quantum of financial loss in the IPEC, FBT Productions LLC v Let Them Eat Vinyl Limited [2021] EWHC 932 (IPEC), Deputy High Court Judge Ian Karet found the claimant was not entitled to damages for loss of opportunity since that defendant’s wrongdoing did not cause the loss. Damages for…

By disallowing multiple statutory damages awards under the Copyright Act, the Ninth Circuit could cause future plaintiffs under similar facts to sue each defendant separately. In a suit—in which a jury returned a verdict of $480,000 against five defendants in the textile industry—involving infringement of a single copyrighted fabric design, the U.S. Court of Appeals…

The paintings, although temporary, had achieved “recognized stature” as artworks and were protected by the Visual Artists Rights Act. Artists who created “aerosol art” paintings on the exteriors of buildings in the well-known “5Pointz” area of Long Island City, New York, with the consent of the buildings’ owners, were properly granted $6.75 million in statutory…

Hospital infringed on credentialing service’s copyright by using forms, but the infringement began when the forms were not yet registered. A medical credentialing support service is barred from recovering statutory damages and attorney’s fees for a hospital’s use of its credentialing forms after their relationship ended, the U.S. Court of Appeals for the Fifth Circuit…

Earlier this month, the Constitutional Tribunal of the Republic of Poland issued a long-awaited judgment on the assessment of constitutionality of Article 79(1)(3)(b) of the Copyright and Related Rights Act (judgment of 5 November 2019, reference no. P 14/19). This provision entitles the entity whose copyright has been infringed to demand from the infringer a…

Although the defendant had allegedly illegally used the claimant’s software on only three days (over a period of two months), the court found it justifiable to award monetary damages in an amount equal to the standard yearly licence and maintenance fees for this software. The court held that this was the “normal” fee the defendant…

The operator of a YouTube channel criticizing the pastor of a church was not entitled to punitive damages in a malicious prosecution case when the church relied on counsel in initiating a copyright infringement suit. In a malicious prosecution of copyright infringement claims brought by the operator of a YouTube channel that featured videos containing…