Tattoo Art Incorporated v. TAT International LLC, 2012 WL 6098085 (4th Cir. 2012)
Tattoo artist created images for
tattoo stencils and inspirations for tattoo designs and licensed them to tattoo
parlor. Images were compiled in 24 books
of 50 sheets, each of which contained several images. License covered a number of years with
royalty payments and minimum guarantee.
Parlor breached by failing to pay and account for royalties. Following termination of license agreement,
parlor recolored the images and continued to use, sell and reproduce the
images. The Fourth Circuit affirmed the
trial court’s award of damages for breach of contract and failure to pay
royalties of $18,000. In addition, the
trial court found each of the 24 books to be a “compilation copyright” because
only one copyright registration was filed for each book. Accordingly, for the period following the
termination of the license agreement, the Court affirmed the trial court’s
allowance 24 awards statutory damages per registered compilation for a total
additional award of $480,000. The Court
rejected appellant’s argument that the Copyright Act required an election of
remedies between actual and statutory damages where actual damages occurred
during the license period and statutory damages covered only post-termination
infringements.
To read Judges Traxler, Wilkinson, and Agee's decision, click here.
www.dunnington.com
Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
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