tag:blogger.com,1999:blog-5574479.post7025561789083628551..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Performance damages: a reader asks ...Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-71829030536870837182008-12-07T19:33:00.000+00:002008-12-07T19:33:00.000+00:00An usual plaintiff would be a local collecting soc...An usual plaintiff would be a local collecting society rather than an individual composer or playwright. That being the case, such body is likely to have a licensing regime detailing how royalties are computed, and that should be the basis on which the plaintiff would persuade the court to adopt. <BR/><BR/>The case below is one such example, in which the court adopts the collecting society's usual way of granting licenses annually, rejecting the infringing party's argument for limiting damages to an one-off license. It is case from Hong Kong, whose copyright law largely follow that of English law. <BR/><BR/>http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=36221&QS=%28%7BHCA014635%2F1996%7D%7C%7BHCA014635%2F1996%7D+%25caseno%29&TP=JU<BR/><BR/>P.S. I suspect many such cases are settled out of court. Hence there's hardly any case law on this point. Of course, there are many American cases, but many of them center on whether statutory damages ought to be awarded, which isn't of much use in other jurisdictions.Anonymousnoreply@blogger.com