Under the United States Copyright Act, damages may be recovered in the form of statutory damages or actual damages suffered by the copyright owner as a result of the infringement plus any profits of the infringer attributable to the infringement. Actual damages are generally measured by the loss in fair market value of the copyright, measured by (1) the profits lost by the copyright holder due to the infringement or (2) the value of the use of the copyrighted work to the infringing party. Certain courts, including the Ninth Circuit, also recognize a retroactive license fee (or “hypothetical license”) as another measure of the fair market value of the copyright.

Seminar Information
Seminar Date:
March 06, 2012
Hypothetical License Fee for Copyright-Infringement Damages Must Be Based on Objective Benchmark Evidence
Individual topic purchase: Selected