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Innovation for the 21st CenturyHarnessing the Power of Intellectual Property and Antitrust Law$
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Michael A. Carrier

Print publication date: 2009

Print ISBN-13: 9780195342581

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195342581.001.0001

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Damaging Copyright Damages

Damaging Copyright Damages

Chapter:
(p.147) 7 DAMAGING COPYRIGHT DAMAGES
Source:
Innovation for the 21st Century
Author(s):

Michael A. Carrier

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342581.003.0007

This chapter analyzes the issue of the danger posed by statutory damages. It begins with an overview of the law of statutory damages. It then examines Congress's intent, describing the purposes of assuring adequate compensation and deterring infringement. It discusses two cases that demonstrate the perils posed by bond requirements and the application of statutory damages in the context of indirect infringement. The chapter concludes with a proposal to prohibit the application of statutory damages to secondary infringers. Such a recommendation would increase radical, disruptive innovation.

Keywords:   statutory damages, MP3.com, XM radio, personal investor liability, secondary liability, bond, copyright laws

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