Court Rejects Three-Year Time Bar for Damages Awarded under the Copyright Act
Posted on Mar 10, 2023 in Copyrights | Comments Off on Court Rejects Three-Year Time Bar for Damages Awarded under the Copyright Act
In Nealy v. Warner Chappell Music, Inc., 2023 WL 2230267 (11th Cir. Feb. 27, 2023), the Eleventh Circuit rejected the application of a three-year “lookback” period for the purposes of awarding damages under the Copyright Act. In answering a certified question of law presented by the district court, the appellate panel declined to time-bar damages for acts of copyright infringement that...
Court Adopts a Double Scienter Requirement for Establishing Violations of Section 1202(b) of the Digital Millennium Copyright Act
Posted on Aug 22, 2022 in Copyrights | Comments Off on Court Adopts a Double Scienter Requirement for Establishing Violations of Section 1202(b) of the Digital Millennium Copyright Act
In Victor Elias Photography, LLC v. Ice Portal, Inc., 2022 U.S. App. LEXIS 22472 (11th Cir. Aug. 12, 2022), the Eleventh Circuit adopted a “double scienter requirement” for copyright infringement under 17 U.S.C. § 1202(b) of the Digital Millennium Copyright Act (“DMCA”). This standard requires a copyright owner to demonstrate that an alleged infringer had knowledge not only of its...