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Innovation for the 21st CenturyHarnessing the Power of Intellectual Property and Antitrust Law$
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Michael A. Carrier

Print publication date: 2009

Print ISBN-13: 9780195342581

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195342581.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 June 2021

Damaging Copyright Damages

Damaging Copyright Damages

Innovation for the 21st Century

Michael A. Carrier

Oxford University Press

This chapter analyzes the issue of the danger posed by statutory damages. It begins with an overview of the law of statutory damages. It then examines Congress's intent, describing the purposes of assuring adequate compensation and deterring infringement. It discusses two cases that demonstrate the perils posed by bond requirements and the application of statutory damages in the context of indirect infringement. The chapter concludes with a proposal to prohibit the application of statutory damages to secondary infringers. Such a recommendation would increase radical, disruptive innovation.

Keywords:   statutory damages, MP3.com, XM radio, personal investor liability, secondary liability, bond, copyright laws

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