Decisions in Brief

Decisions in Brief

John C. Gatz

©2017. Published in Landslide, Vol. 9, No. 4, March/April 2017, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.


MP3tunes Faces Greater Loss on Appeal

EMI Christian Music Grp., Inc. v. MP3tunes, LLC, 840 F.3d 69, 120 U.S.P.Q.2d 1449 (2nd Cir. 2016). Plaintiffs Capitol Records won a trial verdict of over $20 million in a copyright infringement case against MP3tunes, which provided a forum for users to upload music. That damages’ verdict was reduced from a jury-awarded $48 million, based on the district court’s determination that MP3tunes fit within the safe harbor provisions of the DMCA. Capitol appealed, seeking to reverse that determination.

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