Program Details
On Demand

The Rise of Mass Copyright Litigation



Content Partner:  Boston Bar Association
Mobile Compatible
Learn More
Price: $55.00*
Member Price:  $45.00

Add To Cart

* Applicable Membership or Subscription discounts will be added in your shopping cart

Description:

ATTENTION CANADIAN ATTORNEYS: To fulfill the interaction requirements of Canadian provinces' CPD regulations, two or more colleagues must be involved at the same time when watching or listening to recorded programs. If you wish to obtain CPD credit for this program, please read the instructions BEFORE viewing, found here.

Certainly, copyright infringement is a legitimate basis for suit, and if many people engage in copyright infringement, many people may be sued. But the general safeguards developed by federal courts to ensure that defendants get a fair chance to present their defenses always apply. 

The past year has seen the emergence of a new litigation strategy in federal district courts: mass copyright cases joining together hundreds and often thousands of Doe defendants at once. These cases involve significant and substantive ex parte activity before the individual defendants are even aware of the litigation, much less in a position to respond.

The cases generally follow the same path. A complaint is filed against unnamed “John Does” involving a single claim of copyright infringement over copyrighted work(s). The cases are brought in the jurisdiction where the plaintiff’s attorney is located. The copyrighted works are independent or pornographic films. One title, for instance, is Nude Nuns with Big Guns; others have titles even less safe for work. Immediately after filing, the plaintiff moves for leave to issue subpoenas to the ISPs of the defendants in order to obtain their identifying information.

Once leave is granted and the information obtained, plaintiffs’ attorneys send demand letters to the now-identified individuals sued, giving them a choice: They can attempt to defend a suit in a far away court, risking liability up to $150,000 in copyright statutory damages plus attorney fees and costs. Or, they can pay a settlement in the $2,900-$5,000 range. Because the settlement amount is less than the cost to defend, and the downside risk of litigation is so great under copyright’s damages scheme, the pressure to settle rather than raise legitimate defenses is high. Thus, a court’s decision granting leave to issue discovery often gives the plaintiffs in these cases the only remedy they really want: the ability to demand settlements from the Doe defendants.

We’ll discuss the major players and what they’re doing right—and wrong.



Practice Areas: Entertainment & the Arts, Licensing & Intellectual Property Rights, Sports Law
Online Media Type: Video, Audio
Production Date: 01/25/2012
Level: Intermediate
Category: Standard
Duration: 1 Hours, 6 Minutes
Online Format: On Demand

Click here for information on subscription discounts and Group Viewing opportunities.

Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 

 

West LegalEdcenter will not provide accreditation for states not listed. 



This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing sales@westlegaledcenter.com.







People who bought this program also bought:
There are no current recommendations
E-mail a colleague about this program.
Accreditation:
AK, AZ, BC, CA, CEU, CO, HI, ID, IN, ME, MO, MS, MT, ND, NJ, NV, NY, OK, ON, PA, QC, VI, VT, WA, WV, WY
Alaska
Total Credits: 1
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Check your state requirements and get contact information.
Speakers:
Jason E. Sweet - Booth Sweet LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


Page Disclaimer
No page disclaimer found.
Home |  Search |  CLE Requirements |  Site Map
Content Partners |  Technical Requirements |  Help |  Contact Us
About Us |  Terms & Conditions |  Privacy Policy
RSS Feeds RSS Feeds
International Site: Canada

© 2014 Thomson Reuters
(eg-wlec-b03)