p2pnet news view | RIAA:- Several years ago a federal court in Texas ordered the RIAA, in an ‘innocent infringement’ case against teenager Whitney Harper (right), to either accept $200 per infringed work, or to go to trial over the innocent infringement issue, says Ray Beckerman in Recording Industry vs The People.
Maverick records was the name at the top of a lawsuit lodged against her. It’d claimed she’d violated its copyrights, said p2pnet when the case first came to light.
A small record label trying to protect its bottom line against the evils of file sharing?
Maverick is yet another Warner Music company and only one of the numerous labels owned by one or other of the Big 4.
Harper is now 22, but she was only 14 when Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA went after her.
“Recently, an appeals court reversed, saying that the defendant could not avail herself of the innocent infringement defense since there were CDs, bearing copyright notices, available in stores, even though the copies she had made were from mp3 files which bore no such notice”, says Beckerman, going on:
“Now, a petition for certiorari has been filed on the defendant’s behalf, arguing that the 5th Circuit’s ruling would make it impossible for anyone to interpose an innocent infringement case, even where they had never seen a copyright notice.
“The lawyers filing the petition on defendant’s behalf are the same firm that represented Jammie Thomas-Raseet in her second trial, and the motion which resulted in her verdict being reduced from $1.92 million to $54,000.”
Recording Industry vs The People – Petition for certiorari filed on ‘innocent infringement’ defense in Maverick v Harper, May 27, 2010
p2pnet – Another victim says No! to the RIAA,October 1, 2008
$1.92 million to $54,000 – Jammie Thomas-Rasset award reduced …,January 22, 2010
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