[cc-community] Virgin Lawsuit - indemnity?
Andres Guadamuz
a.guadamuz at ed.ac.uk
Wed Oct 24 11:46:23 EDT 2007
IANAAL (I Am Not An American Lawyer)
Title 17 of the United States Code
s§ 504. Remedies for infringement: Damages and profits
http://www.copyright.gov/title17/92chap5.html#504
Best Regards,
Andres
-----Original Message-----
From: cc-community-bounces at lists.ibiblio.org
[mailto:cc-community-bounces at lists.ibiblio.org] On Behalf Of Karl Ebener
Sent: 24 October 2007 12:59
To: cc-community at lists.ibiblio.org
Subject: [cc-community] Virgin Lawsuit - indemnity?
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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