We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

2 Court Standards For Statutory Damages In Copyright Cases

Law360 (May 18, 2018, 11:48 AM EDT) -- The recent decision in Energy Intelligence Group Inc. v. CHS McPherson Refinery Inc.[1] highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple copyrighted expressions are at issue.

Under the Copyright Act, two variables fix a copyright holder’s recovery where the holder elects statutory damages: (1) an amount awarded within ranges based on the infringer’s culpability, multiplied by (2) the number of “work[s]” infringed.[2] In Energy Intelligence Group, U.S. District Judge Eric Melgren reminds litigants that there are two...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.