Sentences with phrase «statutory damages provision»

He contends that the copyright law's statutory damages provision is unconstitutional in that it authorizes damages that are grossly in excess of any actual damages to the copyright holder.

In the case of commercial infringement, the statutory damages provisions allow for a range of damages between $ 500 and $ 20,000 for all infringements relating to each work.

Not exact matches

If the Saxo Bank Group at any time and for any reason, should become liable for the loss of any person and / or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Saxo Bank Group shall be limited to such person's and / or entity's duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

Koch Media is liable according to the statutory provisions for damage / loss sustained by a user and caused deliberately or through the gross negligence of Koch Media or its vicarious agents.

The Court of Appeal held that the statutory deductible amendment was intended to have retrospective application based on a contextual analysis of related provisions of the Insurance Act and the reasoning that «since the jury awards damages in today's dollars, the quantum of the deductible should similarly be calculated in today's dollars».

Statutory Fee - Shifting Provisions Can Have Real Force In A Case For A Prevailing Party, Even If The Compensatory Damages Award Is Much Less Than Requested Fees.

The government should repeal provisions of the Copyright Act that allow labels to unfairly punish fans who share music for non-commercial purposes with statutory damages of $ 500 to $ 20,000 per song.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

«In addition to actual damages suffered for a breach of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory damages of $ 200 for each contravention of CASL up to $ 1 million for each day on which a contravention occurred.

After the verdict, the defendants brought a «threshold motion» (Shaw v. Mkheyan, 2017 ONSC 851) for a declaration that Mr. Shaw's claims for general damages and future care costs were barred on the basis that his injuries did not fall within the exceptions to the statutory immunity provided for in sections 267.5 (3)(b) and 267.5 (b) of the Insurance Act, RSO 1990, c. I. 8 and the applicable regulations (the «threshold provisions»).