[cc-community] Virgin Lawsuit - indemnity?

Karl Ebener myonlyb at vollbio.de
Wed Oct 24 07:59:08 EDT 2007


Hi,

I am wondering about the Virgin lawsuit and US right to publicity (again).

Wong claims, Virgin has breached the CC contract by not attributing him 
(I agree). Following the clauses, the usage right fell back to Wong 
immediately, thus, Virgin did not have a licence to use the picture. I 
wonder, how much of indemnity could be expected for Wong (not Chang for 
interfering with her right of privacy or right to publicity) according 
to US law.
How about other copyright transfer contracts? How do you calculate 
indemnity for "normal" works: "usual" license costs or a multitude of 
it? Other damages?

Thank you very much!

Yours,
 Karl


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