Copyright owners can try to prove "indirect profits." EXAMPLE: Some years ago, Frank Music. Corp., owner of the copyright in the musical Kismet, sued the MGM

Copyright owners can try to prove "indirect profits." EXAMPLE: Some years ago, Frank Music. Corp., owner of the copyright in the musical Kismet, sued the MGM Grand Hotel for using material from the musical in their floor show. The original damage award was a percentage of the ticket sales to the floor show, which didn't amount to that much. After all the appeals were over and the dust settled, Frank Music Corp. ended up with an award of 2% of MGM Grand's total revenues during the relevant time, as indirect profits arising from the infringement. The rationale was that the floor show was a draw for the casino, the restaurant, the hotel itself, etc. The appellate court's opinion is at http://ftp.resource.org/courts.gov/c/F2/886/886.F2d.1545.87-6321.87-6257.html http://ftp.resource.org/courts.gov/c/F2/886/886.F2d.1545.87-...