Tuesday, March 19, 2024
 

Rare Photographs Win Copyright Damage Award of $1.6 Million


The Third Circuit upheld actual damages of $1.6 million in a copyright infringement case involving stem cell images. Photographer, Andrew Paul Leonard, frequently licensed his stem cell images for up to $1,500 due to their rarity. Stemtech International, Inc. utilized two of Leonard’s works on their websites, and for other promotional materials, without license.

Because of the registration timeline, Leonard was forced to argue for actual damages, which he was able to do by adopting the “fair market value” approach to damages. Leonard obtained the verdict of $1.6 million.

Does the decision sets an unreasonable precedent for considering the rarity of works in calculating damages?

 

 

 

Tags: , , , , , , , , , , , , ,

Comments

No comments so far.
 
Legal

Clancco, Clancco: The Source for Art & Law, Clancco.com, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

Switch to our mobile site