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Topic: need advice (Read 590 times) |
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strt
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hi
i am doing research on whether a copyright owner should be entitled to an injunction against an infringer in the absence of evidence of economic harm?
i cant seem to find any good relevant info for this topic and i need a starting point. can someone help me out please?
thanks
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jeffery
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Posts: 24
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Re: need advice
« Reply #1 on: Sep 14th, 2006, 7:23pm » |
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The answer is yes a copyright owner should be entitled to an injunction against an infringer in the absence of evidence of economic harm.
The fact remains, the bases of the injunction is to prohibit the infringer from anymore unauthorized activity. If the infringer continues, then the court can grant the copyright owner monetary damages.
A good way to start is to find examples of unauthorized activities categorized as "absence of evidence of economic harm"
For example;
(1) Placing a song on a Cd without owner’s permission for promotion purposes.
(2) Use of someone’s song in an election campaign.
Other may have more suggestions.
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"Among the blind, the one eyed man is King".
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strt
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can you please back yourself up with some sources?
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strt
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can you please back yourself up with some sources or some reasoning?
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jeffery
Newbie
Posts: 24
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Re: need advice
« Reply #4 on: Sep 15th, 2006, 3:34am » |
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Take a look at this.
Section 502 of the Copyright Act authorizes each District Court in the United States to issue injunctions “on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.” 17 U.S.C. § 502. In the typical case, the copyright owner will seek an injunction restraining the defendant from copying or distributing copies of the specific work that the defendant is accused of copying. If the copyright owner succeeds in proving infringement, injunctions of this type are routinely granted.
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"Among the blind, the one eyed man is King".
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