Friedman v. Live Nation Merchandise, Inc.

This case arises out of a copyright dispute over the use of photographs Appellant Glen Friedman took of the hip hop group Run-DMC. Appellee Live Nation Merchandise (“Live Nation”) stipulated in the district court that it infringed Friedman’s copyrights when it used his photos without his authorization on t-shirts and a calendar. Our questions are whether there is sufficient evidence in the record to permit a jury to conclude that Live Nation committed willful copyright infringement, making it liable for additional damages under 17 U.S.C. § 504 (c)(2); whether a jury could conclude that Live Nation knowingly removed copyright management information (“CMI”) from the photographs in violation of 17 U.S.C. § 1202 (b); and whether Friedman can recover statutory damages awards measured by the number of retailers who purchased infringing merchandise from Live Nation, even though Friedman did not join those retailers as defendants in his suit.

FACTUAL AND PROCEDURAL HISTORY

Glen Friedman is a well-known photographer whose work focuses on figures from several American subcultures, including skateboarders, punk rock musicians, and hip hop artists. His photography has been in…