On January 6, 2020, a District Court ruled against a video bootlegger’s frivolous fair use defense of “there’s nothing wrong with posting concert videos”. The Court not only ruled against the bootlegger on every point of the fair use defense, but found his infringement “willful,” which will allow Prince’s Estate to seek enhanced statutory damages at trial, and issued a permanent injunction. Under normal circumstances, one should be happy about such a resounding victory for the Estate of one of the 20th Century’s most important and influential musical artists. But how much did it cost? What happens when you’re an average musical artist in the age of streaming where the payout is measured in 100ths of a cent? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., looks at the facts of the case, and explains how flimsy and frivolous defenses can turn a simple case of copyright infringement into an expensive fight.
