Property, intangible

a blog about ownership of intellectual property rights and its licensing

Only One Recovery

Just a brief decision on the damages award for infringement of a work that is the embodiment of more than one copyright—you only get one recovery. Here, the case was about “pirated” music and music has two copyrights, the copyright in the composition and the copyright in the sound performance. In a short but thorough review of the law, the court explained why there was only one award. The recent decision in the Beastie Boys case was to the contrary, but the Capitol Records court begged to disagree.

Capitol Records, Inc. v. MP3Tunes, LLC, No. 07 Civ. 9931(WHP)* (S.D.N.Y. April 7, 2014).

*The cases are on a privately-hosted cloud using ownCloud. Let me know if you have any problems getting them.

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