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ARTICLE · 06 OCTOBER 2016

Ninth Circuit Provides A Second Look At Willful Copyright Infringement

The US Court of Appeals for the Ninth Circuit reversed a district court's grant of summary judgment in favor of a music merchandising company.

United StatesIntellectual Property

In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court's grant of summary judgment in favor of a music merchandising company on claims that the merchandising company willfully infringed the photographer's copyrights and knowingly removed copyright management information (CMI) from the images it used. The Court also affirmed the district court's ruling on the limitation of plaintiff's statutory damages. Glen E. Friedman v. Live Nation Merchandise Inc., Case No. 14-55302 (9th Cir., Aug. 19, 2016) (Berzon, J).

Glen Friedman is a well-known music and subculture photographer who took a series of photographs of Run-DMC in the 1980s. After he discovered that several of his Run-DMC images were being used without his permission by Live Nation Merchandising in a 2008 wall calendar and for three different t-shirt designs, Friedman filed a complaint for copyright

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