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17.36 Copyright-Damages-Innocent Infringement

17.36 Copyright-Damages-Innocent Infringement

Name: 17.36 Copyright-Damages-Innocent Infringement
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Category:

Federal - Jury Instructions - 9th Circuit - Civil

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Multi-State

Control #:

US-JURY-9THCIR-17-36

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 17.36 Copyright-Damages-Innocent Infringement is a type of copyright infringement where a person has unintentionally violated another person's copyright without knowing it. This type of infringement can occur when a person mistakenly believes that a copyrighted work is in the public domain or is otherwise not subject to copyright protection, or when a person does not realize that a work is subject to copyright protection and is not authorized by the copyright owner to use it. Different types of 17.36 Copyright-Damages-Innocent Infringement include: • Unauthorized Use: using a copyrighted work without authorization from the copyright holder. • False Attribution: claiming or implying that a work is yours when it is not. • Unauthorized Distribution: distributing a copyrighted work without obtaining permission from the copyright holder. • Unauthorized Derivative Works: creating a new work based on a copyrighted work without permission from the copyright holder. • Unauthorized Reproduction: copying or reproducing a copyrighted work without permission from the copyright holder.

17.36 Copyright-Damages-Innocent Infringement is a type of copyright infringement where a person has unintentionally violated another person's copyright without knowing it. This type of infringement can occur when a person mistakenly believes that a copyrighted work is in the public domain or is otherwise not subject to copyright protection, or when a person does not realize that a work is subject to copyright protection and is not authorized by the copyright owner to use it. Different types of 17.36 Copyright-Damages-Innocent Infringement include: • Unauthorized Use: using a copyrighted work without authorization from the copyright holder. • False Attribution: claiming or implying that a work is yours when it is not. • Unauthorized Distribution: distributing a copyrighted work without obtaining permission from the copyright holder. • Unauthorized Derivative Works: creating a new work based on a copyrighted work without permission from the copyright holder. • Unauthorized Reproduction: copying or reproducing a copyrighted work without permission from the copyright holder.

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(17 U.S.C. § 504(c)) The amount you may award as statutory damages is not less than $750, nor more than $30,000 for each work you conclude was infringed. However, if you find the infringement was innocent, you may award as little as $200 for each work innocently infringed.

The statutory damage minimum for innocent infringement is $200. 17 U.S.C. § 504(c)(2). Whether defendant's infringement was innocent is a factual determination.

Innocent infringement is a potential defense where the infringer did not have notice of the copyright. The innocent infringer defense may be used when the defendant consciously and intentionally copies from the plaintiff's work, believing in good faith that his conduct does not constitute an infringement of copyright.

Statutory damages are usually between $750 and $30,000 per work, as determined by the court. However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional).

Many defendants who assert the innocent infringement defense believe that it is a defense to copyright infringement liability. This is not true. An innocent infringer is an infringer nonetheless. The defense only comes into play when calculating statutory damages for the infringement.

Copyright infringement can also result in civil judgments. Anyone found liable for civil copyright infringement can be ordered to pay damages, with fines ranging from $750 to $30,000 per work infringed. For ?willful? infringement, a court may award up to $150,000 per work infringed.

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17 U.S.C. § 504(c)(2). Where the suit involves infringement of more than one separate and independent work, minimum statutory damages for each work must be awarded.Statutory damages are awarded "per work" infringed (i.e. , each individual copyrightable work, like a single song, book, or photograph). 17.36 Copyright—Damages—Willful Infringement (17 U.S.C. § 504(c)(2)). Domain name infringement claim, appealing arbitration panel's decision, 3. Damages. Account of profits. Innocent infringement. The infringing party. 4. In civil judicial proceedings concerning copyright or related rights infringement and trade mark counterfeiting, each Party shall

17.36 Copyright-Damages-Innocent Infringement

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What are statutory damages for innocent infringement?

What are the damages for innocent copyright infringement?

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How are damages calculated for copyright infringement?

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