For a helpful and clear summary of the law regarding statutory damages in copyright litigation take a look at the very recent article by R. Buck McKinney published in the latest edition of Landslide, a publication of the ABA Section of Intellectual Property Law. The article will repay reading. Especially interesting is his discussion of the background surrounding …

17 U.S.C. § 504 (c)(1) provides for only one award of statutory damages for multiple infringements of one “work.” But many copyright holders do not realize that not all their copyrighted works qualify as “works” for purposes of fixing statutory damages. Eligible for statutory damages are only those works that have an independent economic value and are …

Random House has now apparently reversed course with respect to electronic rights to William Styron’s earlier works. A decade ago Random House claimed it had ebook rights to those works. But Random House, Inc. v. Rosetta Books LLC, 150 F.Supp.2d 613 (S.D.N.Y. 2001), aff’d, 283 F.3d 490 (2d Cir. 2002), held otherwise. Judge Stein …

Published in New York State Bar Entertainment, Arts and Sports Law Journal, Spring 2010;  for a published copy, go to link.

Predicting a fair use outcome in copyright litigation is not for the faint of heart. There are no bright-line rules; instead, the statute calls for case-by-case analysis, directing courts to weigh four illustrative and non-exclusive …

Andrew moderated a panel discussion sponsored by the Copyright Society of the U.S.A entitled Licensing in the Digital Age – Deals, Risks, and Challenges in the Media Frenzy. The program took place at Anchin Block & Anchin on May 18 beginning at 6 pm. The other panelists where Joe Salvo, Senior Vice President and Global General …

New uses of old works are everywhere.  Our cell phone wallpaper may be a wonderful family photo taken years ago. An ebook lets us read and bookmark a favorite novel. But when a new product exploits these works without the permission of the copyright holder, litigation is likely, especially where the new use has significant economic value.…

The Second Circuit in Bryant v. Media Right Production, Inc. on April 27 , 2010, further clarified the one-work limitation in copyright litigation set forth in the last sentence of 17 U.S.C. § 504 (c)(1).

This limitation has bedeviled courts and parties because of its ambiguity. It provides that, for purposes of determining the number of grants …

Andrew will be a panelist at a program sponsored by the Cornell Entrepreneurial Network entitled How to Brand, License and Protect your Intellectual Property. It will take place at the Cornell Club in New York on May 4, 2010 beginning at 6 pm. Other panelists are Stephanie A. Jacqueney, Vice President, Legal & Business Affairs Madison Square …