Kelly Klaus will be the featured speaker on Oct. 12 at the Los Angeles Copyright Society’s meeting, where he will discuss the record companies' recent damages trial against LimeWire, and the statutory damages issues in the case.
Entitled “We’ll Just Have to 504(c) About That: The LimeWire Case and Statutory Damages Issues in Mass Infringement Cases,” Kelly will discuss the case and its relevance to statutory damages issues in cases of widespread infringement induced over the internet.
Mr. Klaus was one of Munger, Tolles & Olson's lead trial counsel in the record companies’ April-May 2011 damages trial against the illegal-downloading service, LimeWire, and its founder, Mark Gorton. The Munger Tolles team obtained a number of significant pre-trial rulings, including that defendants faced statutory damages (in a range of up to $150,000), for the infringement of each of many thousands of individual sound recordings, and that the plaintiffs were not limited to just a single statutory award per album containing multiple infringed sound recordings. The case was tried in the U.S. District Court for the Southern District of New York.
Mid-way through trial, the defendants agreed to settle the case by paying $105 million to the record companies. The Munger Tolles team previously helped the plaintiffs obtain a permanent injunction against LimeWire.
Mr. Klaus is a litigation partner in the firm’s Los Angeles office. His practice focuses on copyright litigation as well as a mix of complex business litigation and appellate matters.