Copyright Infringement Advisor

Category Archives: Litigation Damages

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Fraserside Awarded $4 Million Against PornVisit.com

By John Whitaker on Posted in I.P. Address Suits, Interesting Cases, Litigation Damages

Judges are clearly of two different minds when it comes to copyright infringement and culpability.  For example, consider these two recent cases that are similar on the facts, but have very different outcomes. K-Beech, Inc. v. Schreiber and Valdez, et al. In this case, K-Beech sued several people for copyright infringement of a small number… Continue Reading

Fair Use Defense to Copyright Infringement: What it is and what it isn’t

By John Whitaker on Posted in Fair Use, Infringement Defenses, Litigation Damages

As a copyright lawyer, I hear a lot of people say “as long as I don’t copy more than 10% of something, it’s fair use.”  Or sometimes you hear them say “as long as I change something, it’s fair use.”  These people are destined for trouble. The “fair use” defense to copyright infringement is actually… Continue Reading

How Much Is My Copyright Case Worth?

By John Whitaker on Posted in Litigation Damages

I frequently hear this question. Because of the nature of my practice (contingent fee), I am usually just as interested as the copyright owner about the answer. While I can’t tell you exactly what your case is worth unless you tell me about it, here are several of the things I consider. Was the work… Continue Reading

Lloyd Shugart Awarded $1.3 Million For Copyright Infringement

By John Whitaker on Posted in Contingent Fee, Firm Cases, Litigation Damages, Registration

Lloyd Shugart is a professional photographer who had been hired by Propet USA, Inc. to photograph Propet’s shoes for its marketing materials.  Mr. Shugart limited the use of his photographs to two years in his terms of use. When Mr. Shugart noticed that Propet had continued to use certain of his images outside of their… Continue Reading