What Was Taken, Silly Rabbit, Not What Resulted….

WB Music Corp v. RTV Communications Group, Inc. 445 F.3d 538 (2d Cir. 2006)

In 7 separate CD products, RTV copied and distributed unauthorized copies of WB Music’s copyrights in 13 musical works. The trial court held that the infringement was willful and granted statutory damages for 7 infringments.

On appeal, the Second Circuit reversed and awarded 13 infringements. The damage calculation was properly the works taken not the works produced.

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