Introduction and Scope of Work

• Author: Eric M. Stahl - Henry J. Tashman
• Pages: 1-3

This work is intended as a practical guide for any litigator pros-

ecuting, defending, or evaluating a copyright infringement lawsuit

or claim under the Digital Millennium Copyright Act (DMCA), any

practitioner responsible for a copyrighted work that may become the

subject of litigation, and any attorney advising clients on copyright

and DMCA issues.

This book provides comprehensive coverage of the remedies avail-

able for copyright infringement under the 1976 Copyright Act (Title 17,

sections 501 through 505 of the United States Code)1 and the remedy

provisions of the DMCA (17 U.S.C. §§ 512(f), 1203). Those remedies

are as follows:

•

Recovery of the copyright owner’s compensatory actual damages

resulting from an infringement, plus any of the defendant’s prof-

its attributable to the infringement that are not accounted for in

computing the owner’s actual damages (chapter 3).

1. The damages provision of the Copyright Act of 1909 (former 17 U.S.C.

§ 25) applies to conduct occurring before January 1, 1978. See Frank Music Corp. v.

Metro-Goldwyn-Mayer, Inc., 772 F.2d 505, 512 n.4 (9th Cir. 1985).

1

CHAPTER 1

Introduction and

Scope of Work

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