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Case Digests

Court Error – Damages

This appeal presents a question of first impression for us on the scope of statutory damages recoverable under the Copyright Act of 1976. Section 504(c)(1) of the Act permits a copyright holder “to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work,” with Congress separately instructing that, in determining statutory damages, “all the parts of a compilation or derivative work constitute one work.”

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Dormant Commerce Clause

The plaintiffs in this case press a dormant commerce clause challenge to a local ordinance that requires a residential property owner who wishes to make repairs to the residence either to obtain a license or to hire a licensed contractor; but a homeowner making repairs to the single-family residence he or she occupies is exempted from this requirement.

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Statutory Interpretation – Chance Promotion Exception – Gambling Machines

Quick Charge Kiosk LLC and Jeremy Hahn (collectively Quick Charge) appeal the trial court’s order granting the Attorney General’s motion for summary judgment declaring that Quick Charge’s “cell phone charging machines” (Machines), also referred to as cell phone charging kiosks, constituted illegal gambling machines.

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