Allocation of Copyright Damages for Co-Owners


Rebecca Harker Duttry wrote this bylined article analyzing In re Isbell Records, Inc., a case in which the Fifth Circuit determined that a partial copyright owner may recover 100 percent of the damages from infringement of the copyright. The decision shows, Ms. Duttry wrote, that “the proper redress in a case where in infringement damages are awarded to one of two co-owners of a copyright is through a suit between the co-owners and not in further litigation against the defendant.”