CLE Credit Unavailable

Statutory Damages and the Tenenbaum Litigation

Apologies, but CLE credit is not currently available. We are working to raise new funds, redesign the website, and relaunch with new programs and fresh CLE offerings in the next few months. For now, feel free to listen to any of the archived programs for learning and enjoyment; and we will be back offering free CLE sometime toward the end of 2013 or start of 2014. Thanks for listening with us.



Statutory Damages and the Tenenbaum Litigation

Joel Tenenbaum looks a lot like every other defendant who has been accused by the music industry of illegally sharing copyrighted work online, but with one key difference: his defense attorney is Harvard Law School Professor Charlie Nesson, and Nesson is out to turn his case into a public referendum not only on the music industry’s efforts to enforce copyright through these direct-infringer suits, but also on the copyright rules that make the industry litigation possible. In this program, we engage Nesson’s key arguments, focusing especially on Nesson’s claim that copyright law’s statutory damages regime runs afoul of constitutional protections against excessive and/or arbitrary civil damages awards. Guests include Professor Nesson himself; Steven Marks, General Counsel for the Recording Industry Association of America; and three of the leading academic experts on punitive damages: New York University Professor Catherine Sharkey, Florida State Professor Dan Markel, and George Washington University Professor Thomas Colby. UCLA Law Professor Doug Lichtman moderates.

Comments are closed.