March 10, 2017

Contesting Conventional Wisdom On Copyright Disgorgement

Law360

Although there is a strong argument that no constitutional right to a jury trial for disgorgement of a defendant's profits exists under § 504(b), the Supreme Court has not provided conclusive guidance on this issue. The conventional wisdom and past practice has been to let the jury decide disgorgement damages, but that is hardly sufficient justification to continue to do so.

READ: Contesting Conventional Wisdom On Copyright Disgorgement (subscription may be required)

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