Copyright Law

Pearson v Aurora, reviewing factors for statutory damage awards in copyright cases

By Ty Rogers and Ray Beckerman

In Pearson Education v. Aurora, a commercial copyright infringement case against a pro se defendant, in which District Judge Shira A. Sheindlin awarded the plaintiff $50,250.00, or $750 per infringed work, in statutory damages, at the plaintiffs' request, the Court noted the factors to be considered in determining the amount of statutory damages:

In calculating the amount of statutory damages to award for copyright infringement, courts consider: "(1) the infringer's state of mind; (2) the expenses saved, and profits earned, by the infringer; (3) the revenue lost by the copyright holder; (4) the deterrent effect on the infringer and third parties; (5) the infringer's cooperation in providing evidence concerning the value of the infringing material; and (6) the conduct and attitude of the parties." (fn 40) [Bryant v. Media Right Prods., No. 09 Civ. 2600, 2010 WL 1659113, at *6 (2d Cir. Apr. 27, 2010) (citing N.A.S. Import, Corp. v. Chenson Enters., Inc., 968 F.2d 250, 252-53 (2d Cir. 1993)]

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Full post as published by Recording Industry vs The People on June 15, 2010 (boomark / email).