Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc.

1 Analyses of this case by attorneys

  1. Willful copyright infringement can be EXPENSIVE, but what does willful really mean?

    Vondran LegalSteve VondranMarch 10, 2023

    S 13314, 2007 WL 655772, at *3 (N.D.N.Y. Feb. 26, 2007) (same). See Pope v. Lewis, No. 14-14373-ADB, 2017 U.S. Dist. LEXIS 148162, at *9 (D. Mass. Aug. 24, 2017)Homeowner caseWillfulnessDefendants deny that the infringement was willful because they never acknowledged the validity of plaintiff's intellectual property. Infringement is willful if the defendants knew or should have known that their conduct constituted copyright infringement, or acted in reckless disregard of the copyright holder's rights. Fitzgerald v. CBS Broad., Inc., 491 F. Supp. 2d 177, 190-91 (D. Mass. 2007). The Court finds willful copyright infringement here not only based upon defendants' continued use of the copyrighted materials after the license was terminated but also because defendants continued to use the copyrighted materials even after the Complaint in this case was filed and they had clear notice that their conduct might constitute infringement. See Columbia Pictures Tel. v. Krypton Broad. of Birmingham, 106 F.3d 284, 293-94 (9th Cir. 1997).Homeowner Options for Mass. Elders, Inc. v. Brookline Bancorp, Inc., 789 F. Supp. 2d 242, 244-45 (D. Mass. 2011)When faced with allegations of willful copyright infringement when dealing with software, art work, photographs, drone videos, jewelry, architectural plans, fashion designs, music and other copyrighted content, it is important to have experienced legal counsel at your side. These issues are CRITICAL to your success.