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Obtaining Copyright Damages
This blog is maintained by Stephen Filler, a New Yorkbased attorney with expertise in business law, contracts, intellectual property and litigation. He also represents of a wide variety of businesses, software, technology, media companies and individuals. He also provides legal and consulting services to sustainable, environmental and renewable energy businesses, nonprofit organizations and trade organizations.
Registration is required to recover attorney's fees and statutory damages which is often the stick that causes infringers to pay without litigation. Courts may award statutory damages between $750 and $30,000 per work; the minimum damage award is reduced to $200 if the infringement is innocent; and the maximum increased to $150,000 if willful. Even with a finding of willful infringement, a court recently found that a $30,000 statutory award was appropriate. v. 2002).
Without registration, actual damages or profit must be proven. For photographs, actual damages is often the fair market value of a license of the image; and profits, especially if the work was used in advertising, are difficult to prove.
In Jack Mackie v.
Mackie sued for infringement. The work had not been registered, so Mackie sought actual damages, including a hypothetical royalty payment. The Court ruled that Mackie was only entitled to $1,000 in damages representing "what a willing buyer would have been reasonably required to pay a willing seller for [the] work" and disregarded Mackie's allegation that he would have licensed the work preinfringement for $85,000.
The Court also rejected Mackie's claim for the "indirect profits" that the Symphony generated from subscription sales arising from its use of "The Tango" in the brochure,[url=http://nikefreetilbud.hcslnet.com]nike free run[/url].
If "The Tango" has been used "directly" in a product sold by the Symphony a tshirt, say Mackie could have recovered damages by establishing the Symphony's "direct profits" from gross sales of the product. The defendants then could show what portion of the gross was not attributable to the infringing work.
However, since "The Tango" was used in a promotional brochure to sell subscriptions, Mackie was required to establish a sufficient causal link between the use of The Tango," and the Symphony's "indirect profits" in its subscription sales. Here, there were so many reasons that an individual might subscribe having nothing to do with the infringing work the Symphony's reputation, the conductor, the musicians, the concert dates, other components of the brochure that the Court found that there was no sufficient causal link between the use of the image and the Symphony's sales

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(Fuzhou evening news reporter Ye Fan text / photo)
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approved by the City Hall, police in Fuzhou 7 bus lane is added in the city. 15,[link widoczny dla zalogowanych], six one North Road (North Lake East Road, South Gutian Road),[link widoczny dla zalogowanych], six one road (North Gutian Road, South to the old medicine Chau Street), six one road (north of the junction, South first three junctions), Xu Dadao (north of three road, South to the pan Dun Road), Fuk Gap Road (north of Pan Dun Road, South Sanjiang Road), Pu Road (East Jin Rong Nan Lu Kou, West to the Hong Wan Road), Jinshan Road (east of North Road,[link widoczny dla zalogowanych], West to the Jin Rong orangery Chau Bridge at the entrance to the right side of the vehicle lane), set to peak period traffic transport vehicle road.
Xu Road section has delimited the yellow bus lane
The new
police yesterday remind,[link widoczny dla zalogowanych], peak time (7:00~8:30,[link widoczny dla zalogowanych], 17:30~19:00) in the bus lanes, only bus lines to allow vehicles, buses and large passenger cars. In case of the following circumstances, does not affect the bus lane in the normal vehicle traffic and ensure the safety conditions,[link widoczny dla zalogowanych], allows the vehicles to turn right through the exclusive bus lane, crossing shall not be more than 30 meters. On the right side of the road junctions along,[link widoczny dla zalogowanych], allows the vehicles to turn right across the bus lane and road intersection; right turn lane,[link widoczny dla zalogowanych], turn right at the corner entrance in advance through the bus lane into the right turn lane. The institutions and enterprises have driveways and non motorized road isolation rail opening, allows the vehicles to turn right across the bus lane import. Parking is arranged along the taxi on the road, allowing the taxi right through the bus lane.
"in violation of the provisions of the vehicles, the police will be in accordance with the law shall impose a fine of 150 yuan, down 3 points." The police said,[link widoczny dla zalogowanych], the police will also strengthen the electronic police,[link widoczny dla zalogowanych], "global eye" on the bus lane monitoring.
Fuzhou news net city of New 7 bus lane marking is drawing to a close. A week later, the driver drove by Xu Road, Jinshan Avenue, 7 urban road, don't occupy the bus lane.
7 bus lanes, 5 lanes have been delineated the marking end; then lane marking yellow bus Xu Road and Fuk Gap Road of delimit work is orderly, plan completed before 15.
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Shanxi Mount Wutai scenic area of Taiwan Huai temples over the emergence of multicoloured auspicious clouds, so there is a Chinese idiom "auspicious sign" or "Rui Cai auspicious clouds".

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reportedly, longxia railway opened,[link widoczny dla zalogowanych], will take the EMU and the ordinary passenger trains running mode of EMU operation mode, take bus 11 to plan,[link widoczny dla zalogowanych], EMU, respectively Longyan to Nanjing 1 to 2.5,[link widoczny dla zalogowanych], Longyan to Fuzhou to Longyan to Xiamen, 5.5 to Xiamen, Longyan to the north of 2. Fuzhou to Longyan, 142 yuan fare, two,[link widoczny dla zalogowanych], the fare 118 yuan; Longyan to Xiamen, 60 yuan fare, two, the fare 49 yuan; Longyan to Xiamen north,[link widoczny dla zalogowanych], fares 55 yuan, two, the fare 46 yuan.
railway,[link widoczny dla zalogowanych], longxia railway later will be considered and passenger flow, as appropriate, add some pairs of emu. Longxia railway operation,[link widoczny dla zalogowanych], Fujian is running third express railway. Next, Xiangpu railway and Xiamen Shenzhen railway will be completed and open to traffic,[link widoczny dla zalogowanych], the Fujian railway network will be more perfect.
Represents the
(Fuzhou Daily reporter Chang Shichun)
29 news network in Fuzhou 11:26, D6417/08 train from LongYan Railway Station to Fuzhou,[link widoczny dla zalogowanych], this is Fuzhou and Longyan route first times emu. The 28 day, I held a long Xia railway opened a news conference, conference about relevant longxia railway.
longxia railway from Longyan city to Xiamen City,[link widoczny dla zalogowanych], traffic mileage of 169 kilometers. All located in Longyan, Nanjing, Zhangzhou, Longshan Town, Kok,[link widoczny dla zalogowanych], XiaMen North Railway Station for passenger business.
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Shanghai City, jointly with the Municipal Commission of Commerce, the district actively implement measures, efforts to defuse the cabbage and other vegetables and seasonal varieties structural slow-moving problem.