Getting Copyright Damages Right From The Start

The stakes for copyright litigation have never been higher, with high-profile cases over the training and outputs of large language models generating eye-watering claims for damages. Across a range of different types of copyright cases, this panel will explore how to make your damages model an early and frontline part of your strategy, on both the plaintiff and defense sides. The panel will discuss recent Supreme Court and circuit decisions affecting the availability of damages, explore concepts of apportionment, and shed light on the damages theories driving recent high-profile litigations. Attendees will gain practical insights into understanding defensible damages models—such as proving actual damages such as lost profits, borrowing the Georgia-Pacific factors from patent cases in royalty assessments and proving a “nexus” of costs related to accused sales in disgorgement of profits calculations, all the while taking into consideration apportionment issues. In addition, attendees will learn how to leverage early discovery to support your damages case long before the expert report stage.