Sony Awarded $675,000 for Copyrighted Music Downloads


Man with computer copyrighted music downloads

For many years now, the battle has raged on between music companies and internet users that seek to download and obtain copyrighted product for free. On one side, the legitimate argument that a product that is otherwise sold is being taken, or stolen, when downloaded for free. 

On the other side looms the argument that the internet is an arena of free reign in which the music companies are out of line for being concerned with. 

In the recent ruling of Sony BMG Music Entertainment V. Tenenbaum USCA, First Circuit June 25, 2013, the courts certainly affirmed the legitimacy of the music industry’s complaints.


Over the course of several years, Joel Tenenbaum downloaded as many as 5,000 individual songs online. This activity continued despite warnings from many parties including Tenenbaum’s own family members, friends, his college, and even a group of music companies. Eventually, Tenenbaum would face civil suit from Sony BMG Music Entertainment.


The subsequent suit went in Sony’s favor, with the jury deciding on an award of $675,000 for the plaintiff. This figure was actually a representation of the findings that Tenenbaum had also illegally distributed 30 songs, each having a jury-attached value of $22,500. Regardless, the total amount of $675,000 was far below the maximum allowable award that could have been awarded.


However, Tenenbaum sought an appeal, contesting that his constitutional rights were being violated by such a decision. Tenenbaum attempted to sway the appeals court in the direction of a previous case, BMW of North America v. Gore, alleging due process problems with the previous decision, based on the BMW case outcome. The court however, felt that the previous Gore case could not parallel copyright law context being measured in this current case.


Another previous Supreme Court case, St. Louis, I.M. & S. Ry. Co. v. Williams, was also a matter of precedence for the court to follow. In this previous case, the standard was set in assessing the constitutionality of statutory damages awarded. For the sake of Sony BMG Music Entertainment V. Tenenbaum, the overseeing appeals court correctly upheld the $675,000 ruling, finding that in light of the defendant’s actions, this award amount was proportionate to the offense, and thus constitutionally correct.

 About the Author

Fran Perdomo is a NYC Business Lawyer who focuses on Entertainment Law and protecting the rights of Musicians and Entertainers. Learn more by visiting her website at PerdomoLaw.com.

 The content of this blog has been prepared by Perdomo Law for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. Perdomo Law did not produce and is not responsible for the content of off-site legal resources. The materials on this site may constitute advertising under various state ethics rules.

Comments

Post a Comment

Popular posts from this blog

Trademark Opposition

Image
Trademark Opposition  What is a Trademark? Trademarks can include specific colors, artwork, phrases, and more. It is even possible to trademark a distinctive sound or smell. The designs enable businesses to create memorable things that bring the company to mind when people see, hear, or smell specific things. Using them allows the instant identification of a product belonging to a company. Well-marketed trademarks are an effective and affordable method of advertising. What is Trademark Opposition? The application process for a trademark is not as easy and automatic as some people may expect. After applying, the USPTO will publish newly accepted trademark designs to allow others to submit an opposition if desired. The deadline for the process is 30 days after publication. Opposition to a trademark happens when someone sees the listing and files a complaint to reverse an approval. Opposition to an application does not need to wait until publication. It can also happen when someone ap...
Read more

What is Trademark Fraud?

Image
  What is Trademark Fraud? Registering a trademark with the United States Patent and Trademark Office (USPTO) is serious. Dishonest responses on the application form can cause the USPTO to refuse the application, cancel a trademark if discovered after registering, and possibly file fraud charges against the applicant. Anyone who has proof of a fraudulent registration of a trademark can notify the USPTO of the situation. Filing a claim to cancel the trademark is also possible if the violation monetarily affects them. Trademark fraud occurs when someone lies about their use of a trademark to register it with the USPTO. For example, registering a trademark that copies another is fraudulent activity, as is using a trademark without permission to market counterfeit goods. A Trademark Fraud Lawyer can assist those who believe someone has committed fraud with their trademarks and those accused unfairly of fraud. What Constitutes Fraud With the USPTO? Applications to the USPTO for regist...
Read more

Hashtags as Intellectual Property

Image
If you’ve spent any time on social media platforms, you’ve come across the term “hashtag” (referred to in keyboard signage as “#”). A hashtag is a phrase or word preceded by this “#” sign and is used to categorize accompanying text content. It’s staggering just how many people are using these so-called hashtags today – from TV news anchors to socialites like the Kardashians who boast millions of “followers” via their social media feeds; it seems today, a hashtag reference accompanies everyone's name. This trend has carried over to the business sector, what with hashtags helping businesses to promote themselves and the products or services they offer, as well as representing a way to rapidly share news about these products or services, all the while interacting with their customers. There are two issues that almost always come to the forefront of conversations: Whether a business can or should “protect” its hashtags, and whether one’s use of another entity's trademark a...
Read more