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Maximum Statutory Damagesawarded for copyrightinfringement?
As per Copyright law, Statutory damages for any one work is: 1. Not less than $750 nor more than $30,000, as the courts considers just. 2. For willful infringement, the court may increase the award to a sum of not more than $ 150,000. Our law professor said that this is debatable and that the maximum limit could be more. I found Lowry's Reports, Inc. v. Legg Mason, Inc., 271 F. Supp.2d 737 where the statutory damage awarded was $100K per copyright infringement. I wanted to know if a bigger statutory damage has been awarded.
I recently came across this article which claims to be the largest copyright infringement award ever in the U.S. http://findarticles.com/p/arti cles/mi_m0EIN/is_1999_April_12 /ai_54357340 It's well beyond what you mentioned, but not your typical copyright case. I think where we are going to see people paying more and more in for copyright infringement, is not per incident, but when people illegally grab registered photos and have multiple infringements.
Statutory Damages: Subtantiveor Procedural?
are statutory damages considered procedural or substantive? I live in Ohio and am researching this but feel like I am going in circles. Anyone providing me a valid link to a legal site will probably get the best answer vote on this. I have been going in such circles that my head hurts! Damages are part of a wage and hour claim. Ohio has a constitutional statute on the books but does this necessarily make the damages substantive? thanks for any help you can give me. The constitutional statute on the books is the Fair Minimum Wage Standards and has a 3 year statute of limitations for filing and automatically includes treble damages....I think. ok maybe this will help: O.R.C. 4111.14 and H.B. 690 trying to bend the statute of limitations, that is what I am trying to do. Have you gotten into this circle by trying to show that you are not subject to the statute of limitations? Or that you are entitled to triple damages? YES. I have already checked into retroactive application. The question at hand are statutory damages - ones provided under the statute - procedural or substantive. Hope this helps. the other part to this is is the statute of limitations substantive or procedural? I say substantive because it is part of Ohio constitutional law. That is O.R.C. 4111.14 and H.B. 690. They also detail damages. But in 4111.14 you have three years, a flat three years.
I think you may be going in circles because you are getting distracted from your original problem. What is it that you trying to do? Have you gotten into this circle by trying to show that you are not subject to the statute of limitations? Or that you are entitled to triple damages? If you put the facts down here of what you are trying to accomplish overall, it may be easier for us to guide you through. EDIT - As I understand you so far - Section 4111 provides the substantive rights and remedies, allowing for a wage claim to be filed, but does not restate any statute of limitations. So, we turn to 2305.11 for the general statute of limitates applying to wage claims. If you are making a claim outside of the 3 year period and cannot show that the period was tolled, then you need to show that the 3 year period is procedural only and cannot deny you the substantive rights and remedies of 4111. You are relying on Article IV, 5(B) of the Ohio Constitution which reads, in part, as follows: "The supreme court shall prescribe rules governing practice and procedure in all courts of the state, which rules shall not abridge, enlarge, or modify any substantive right…. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect." In Ohio, substantive law is that which creates, defines, and regulates rights, while procedural law prescribes the methods of enforcing those rights. State ex rel. City of Columbus v. Boyland, 58 Ohio St. 2d 490, 492, 391 N.E.2d 324, 326 (1979); Krause v. State, 31 Ohio St. 2d 132, 145, 285 N.E.2d 736, 744 (1972), appeal dismissed, 409 U.S. 1052 (1972);5 1979 Op. Att’y Gen. No. 79-059 at 2-201. As stated in Krause v. State, 31 Ohio St. 2d at 145, 285 N.E.2d at 744: The word "substantive," as used in Section 5(B) of Article IV, is in contradistinction to the words "adjective" or "procedural" which pertain to the method of enforcing rights or obtaining redress. "Substantive" means that body of law which creates, defines and regulates the rights of the parties. (See Black’s Law Dictionary.) The word substantive refers to common law, statutory and constitutionally recognized rights. Accord State ex rel. City of Columbus v. Boyland, 58 Ohio St. 2d at 492, 391 N.E.2d at 326; 1979 Op. Att’y Gen. No. 79-059 at 2-201. However, "[t]he application of the substantive-procedural distinction to a statute or rule is not without difficulty, as the substantive and procedural laws are not always mutually exclusive." State v. Slatter, 66 Ohio St. 2d 452, 454-55, 423 N.E.2d 100, 102 (1981). I did not read all of these cases and did not find anything directly on point in my very limited look at this. However, you should note that it is possible that the statute of limitations may be found to "regulate rights", while the procedural aspect is the process of filing a claim through the labor board. If so, the statute of limitations is substantive and you are out of gas. Logically, it is more than likely that the statute of limitations is substantive. If it were not, it would be toothless. Whereever a substantive right to relief was present, the statute of limitations would be nullified. I doubt that this is the law in Ohio. p.s.- looked like a 2 year statute to me. Where did you get three? Section K is the private attorney general provision and I don't think it applies to individual wage claims. If you are relying on 4111.14 at all, I don't see how you have any chance of arguing that it is procedural when it is contained within the very same statute that grants the substantive rights--unless you are arguing that the entire Act is an unconstituional procedural restriction on the substantive rights in the constitution. But I can't see that working for you.
can i claim any benefits otherthan statutory sick pay fortime off work?
i have a damaged leg and cannot work properly. i will be off from work fo three weeks. i am claiming uk sick pay. however, i am not entitled to anything from my employer. is there any other benefits i can seek entitlement to.
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