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There's a good chance IA will be exempted from statutory damages. See 17 USC § 504(c)(2), > The court shall remit statutory damages in any case where an infrin
by wahern 4y ago
There's a good chance IA will be exempted from statutory damages. See 17 USC § 504(c)(2),
> The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords
The opinion (p46) defers this matter,
> At this point, IA’s statutory remittance argument is premature. IA may renew the argument in connection with the formation of an appropriate judgment.
https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.188.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.nysd.53...