Copyright Remedies: A Litigator's Guide To Damages And Other Relief by Eric M. StahlCopyright Remedies: A Litigator's Guide To Damages And Other Relief by Eric M. Stahl

Copyright Remedies: A Litigator's Guide To Damages And Other Relief

byEric M. Stahl, Henry J. Tashman

Paperback | December 7, 2015

Pricing and Purchase Info

$107.95

Earn 540 plum® points

Prices and offers may vary in store

Quantity:

Ships within 1-3 weeks

Ships free on orders over $25

Not available in stores

about

Copyright damages incorporate some unusual aspects, and foresight is required to take full advantage of (or to defend against) the range of available remedies.Copyright Remedies: A Litigator&s Guide to Damages and Other Reliefis a concise, practical guide for any litigator prosecuting, defending, or evaluating a copyright infringement lawsuit or claim under the Digital Millennium Copyright Act (DMCA), any practitioner responsible for a copyrighted work that may become the subject of litigation, and any attorney advising clients on copyright and DMCA issues.

The authors, both experienced litigators with wide experience in copyright and intellectual property cases, explain the range of remedies available and provide numerous checklists and analysis of subcategories of damages. The information they offer is both readable and thorough, citing key cases as well as unusual ones and identifying significant differences among the circuits. Chapters are organized to give a quick overview of the available remedies, and each provides a checklist of available subcategories of damages or more detail on the elements and important considerations for each particular remedy.
Eric M. Stahlis a partner with Davis Wright Tremaine LLP where he represents media and entertainment companies, advertisers and other communications companies in intellectual property, commercial and First Amendment disputes. Along with Henry Tashman, he represented the plaintiff in the Columbia Pictures Television v. Krypton Broadcast...
Loading
Title:Copyright Remedies: A Litigator's Guide To Damages And Other ReliefFormat:PaperbackDimensions:156 pages, 9 × 5.95 × 0.32 inPublished:December 7, 2015Publisher:American Bar AssociationLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:1627224378

ISBN - 13:9781627224376

Reviews

Table of Contents

Chapter 1: Introduction and Scope of Work

Chapter 2: Registration as a Threshold Issue for Determining Available Remedies
I. Scope, Operation, and Purpose of Registration Requirement
II. Exceptions to the Registration Requirement
Key Points and Practice Tips

Chapter 3: Plaintiff's Actual Damages and Defendant's Profits
I. Scope and Purpose of the Remedy
II. Time Period Covered
III. Litigating the Copyright Owner's Actual Damages
IV. Litigating the Infringer's Profits
Key Points and Practice Tips

Chapter 4: Statutory Da mages
I. Overview and Scope of Remedy
II. Purpose of Statutory Damages
III. Calculating the Number of Statutory Damage Awards
IV. Determining the Amount of the Award
V. Election of Statutory Damages
VI. Judicial Reduction of Allegedly Excessive Statutory Damages Awards
VII. Punitive Damages Contrasted
Key Points and Practice Tips

Chapter 5: Damages under the Digital Millennium Copyright Act
I. Overview
II. The DMCA's Anticircumvention and Copyright Management Protections (17 U.S.C. §§ 1201, 1202)
III. The DMCA's Notice and Takedown Provision and Misrepresentation Cause of Action (17 U.S.C. § 512)
Key Points and Practice Tips

Chapter 6: Injunctions
I. The Applicable Standard for Injunctive Relief: Demise of the Presumption of Irreparable Harm
II. Issues Related to Temporary Restraining Orders and Preliminary Injunctions
III. Issues Related to Permanent Injunctions
IV. Elements for Obtaining Injunction
Key Points and Practice Tips

Chapter 7: Impoundment and Destruction
II. Other Forms of Impoundment and Destruction
Key Points and Practice Tips

Chapter 8: Attorneys' Fees and Other Costs
I. Overview
II. Prerequisites to Fee Awards
III. Prevailing Party's Eligibility for a Fee Award
IV. Determining the Amount of the Fee Award
V. Other Recoverable Costs
VI. Strategic Considerations
Key Points and Practice Tips