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Intellectual Property Law

: Trademark Blog

Reckless But Not Unreasonable Re Copyright Defenses

By Marty Schwimmer

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Defendant recording studio, Reckless Music, LLC, attempted to defend itself against copyright infringement by arguing that the studio engineer who copied plaintiff's software without authorization, was an independent contractor. It was found liable on a vicarious liability theory but costs and fees were not awarded agaisnt it because its defense was not unreasonable, under Fogerty.

Decision Wave v Reckless Award of Fees

Full post as published by Trademark Blog on June 16, 2010 (boomark / email).

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