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James D. Crosby, Attorney at Law. Complex and General Business Litigation and Trial Representation. San Diego, California. O: (619) 450-4149 C: (858) 705-0083 Email: crosby@crosbyattorney.com

James D. Crosby, Attorney at Law - Complex and General Business Litigation and Trial Representation - San Diego, California

Monday – arguing appeal of copyright case before the Ninth Circuit. Today – preparing supplemental responses to form interrogatories. Hmmm, wonder which is more fun?

Sedlik’s Multiplier & Actual Damages for Copyright Infringement

James D. Crosby, Attorney at Law - Complex and General Business Litigation and Trial Representation - San Diego, California

Originally posted on Takes On Law:
Sedlik’s Multiplier – an acceptable use of multiplier as part of calculating fair market value to account for factors such as exclusivity or rarity when determining actual damages under the Copyright Act. Using an electron microscope, in the mid-1990s, photographer Andrew Paul Leonard created colorized stem cell images from cell samples…

James D. Crosby, Attorney at Law - Complex and General Business Litigation and Trial Representation - San Diego, California

Some days being a lawyer is extra engaging and challenging. In a good way! Monday, it involved the Ninth Circuit Court of Appeal where I argued a copyright case. Of course, it’s on YouTube! What a world. Anyone interested in seeing my five minutes or so of short-lived fame can go to 1:20:48 on the video. …

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Copyright Defense Win Reversed – Proving Authorization to Copy is Defendant’s Burden

James D. Crosby, Attorney at Law - Complex and General Business Litigation and Trial Representation - San Diego, California

Originally posted on Takes On Law:
In a recent copyright infringement case about making and distributing copies of a painting, the Seventh Circuit Court of Appeals in  Ali v. Final Call, Inc. (7th Cir., Aug. 10, 2016, No. 15-2963) held that the district court misstated the elements of a prima facie copyright infringement claim and erroneously shifted…

In a significant victory for consumers and plaintiffs class action attorneys, the California Supreme Court, in Laffitte v. Robert Half International, Case No. S222996, clarified existing case law and approved the use of percentage fee awards in class action cases resulting in preservation or recovery of a “common fund” for the benefit of class members. Facts The facts of the case were simple. In three related wage and class action …

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