Copyright Remedies

Eric M. Stahl is a partner with Davis Wright Tremaine LLP where he represents media and entertainment companies, advertisers and other communications companies in intellectual property, commercial and First Amendment disputes. Along with Henry Tashman, he represented the plaintiff in the Columbia Pictures Television v. Krypton Broadcasting trial, resulting in what was at the time the largest reported award of copyright statutory damages. Henry J. Tashman is the founding partner of Davis Wright Tremaine's Los Angeles Litigation, Antitrust, Intellectual Property, Media and Entertainment practices. He has handled hundreds of complex antitrust, contract and intellectual property cases as both outside counsel and in-house counsel for a major entertainment company.

Chapter 1: Introduction and Scope of Work Chapter 2: Registration as a Threshold Issue for Determining Available Remedies I. Scope, Operation, and Purpose of Registration Requirement II. Exceptions to the Registration Requirement Key Points and Practice Tips Chapter 3: Plaintiff's Actual Damages and Defendant's Profits I. Scope and Purpose of the Remedy II. Time Period Covered III. Litigating the Copyright Owner's Actual Damages IV. Litigating the Infringer's Profits Key Points and Practice Tips Chapter 4: Statutory Da mages I. Overview and Scope of Remedy II. Purpose of Statutory Damages III. Calculating the Number of Statutory Damage Awards IV. Determining the Amount of the Award V. Election of Statutory Damages VI. Judicial Reduction of Allegedly Excessive Statutory Damages Awards VII. Punitive Damages Contrasted Key Points and Practice Tips Chapter 5: Damages under the Digital Millennium Copyright Act I. Overview II. The DMCA's Anticircumvention and Copyright Management Protections (17 U.S.C. 1201, 1202) III. The DMCA's Notice and Takedown Provision and Misrepresentation Cause of Action (17 U.S.C. 512) Key Points and Practice Tips Chapter 6: Injunctions I. The Applicable Standard for Injunctive Relief: Demise of the Presumption of Irreparable Harm II. Issues Related to Temporary Restraining Orders and Preliminary Injunctions III. Issues Related to Permanent Injunctions IV. Elements for Obtaining Injunction Key Points and Practice Tips Chapter 7: Impoundment and Destruction II. Other Forms of Impoundment and Destruction Key Points and Practice Tips Chapter 8: Attorneys' Fees and Other Costs I. Overview II. Prerequisites to Fee Awards III. Prevailing Party's Eligibility for a Fee Award IV. Determining the Amount of the Fee Award V. Other Recoverable Costs VI. Strategic Considerations Key Points and Practice Tips