The Association of Media Photographers recently asked me to write an article for its members explaining statutory damages in copyright litigation. I wrote the article, published in the spring 2010 ASMP Bulletin, to give copyright holders a basic understanding of what statutory damages are, how copyright holders qualify for statutory damages through registration of their copyrighted works and how courts …

Andrew was recently named to the advisory board of the IP Litigator published by Aspen Publishers. Andrew will be contributing articles about copyright to that publication a few times a year. Aspen describes the IP Litigator as a “must-read for intellectual property litigation and enforcement professionals.”

for more information see here
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Plaintiffs have long chosen to litigate copyright and trademark cases in the federal courts in New York because that is where much of the content and distribution industries are based. But those plaintiffs who seek to litigate in New York for infringing conduct that took place outside that state may lose their chosen forum depending on how …

Below is the video of Andrew’s PLI talk on April 30 at the 2010 Advance Copyright Seminar. He explains when you must register with the Copyright Office to be entitled to statutory damages; the number of awards of statutory damages you may be entitled to when multiple parties infringe your work multiple times; when your infringed copyrights …

I am happy to post here an outline of an excellent talk about software licensing Marc Temin delivered to our Copyright Subcommittee of the IP Litigation Committee of the Litigation Section of the ABA last month.

The outline is clear and comprehensive covering:

the differences between commercial and software licensing; 

licensing grant alternatives (grants with conditions, covenants and …

Plaintiffs seeking a preliminary injunction in copyright or trademark infringement cases have long benefited from a presumption of irreparable harm that followed a showing of a likelihood of success on the merits. The presumption was a free pass; show success and the court assumed irreparable harm. Irreparable harm has been defined in Faiveley Transp. Malmo AB v. …

Andrew was a panelist at a program sponsored by the West LegalEdcenter entitled Licensing Across All Media Platforms. The program will be a live webcast presented on June 8, 2010. The moderator will be Phyllis Weiss Haserot, President of Practice Development Counsel. Other panelists will be Rand Brenner, President and CEO of Licensing Consulting Group and James …