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The "innocent infringer" defense, which lowers statutory minimum damages of copyright infringement from $750 to $200, was written in a time when copyright notices would be clearly affixed to physical media, which was part of the expectation in favor of the defense.
Universal Music Corp. (2015) [8] (the "dancing baby" case), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore ...
The district court had ruled that the "law does not require knowledge of 'specific acts of infringement'," [1] and rejected Napster's assertion that, because it could not distinguish between infringing and non-infringing files, it did not have knowledge of copyright infringement by its users. The Ninth Circuit upheld this conclusion, holding ...
On April 6, 2004, Field filed a complaint against Google asserting a single claim for copyright infringement due to Google's alleged copying and distributing one of his works (Good Tea) that he had previously published on his personal homepage, www.blakeswriting.com. On May 25, 2004, Field filed an Amended Complaint, stating that Google had ...
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
Section 512(f) deters false claims of infringement by imposing liability on anyone who makes such claims, for the damages suffered by other parties as a result of the OSP's reliance on the false claim, and for associated legal fees. This provision has been used in cases such as Online Policy Group v.
While copyright infringement claims sank Napter, Spotify was eventually able to reach a settlement with music rights holders. And while those payments crimped Spotify’s profits, and the company ...
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