{ "media_type": "text", "post_content": "My client’s video was aired on television without a license. The video’s use does not fall within fair use. The production company removed the video from its website once they were informed in order to mitigate economic harm. Can my client bring an action? If so, what can he seek in monetary damages? Any insight would be very much appreciated. Thank you.", "post_id": "61eeee3f9a5a74003184400c", "reply_count": 5, "vote_count": 1, "bowl_id": "5dd8079a19166e0024349971", "bowl_name": "Entertainment Law", "feed_type": "bowl" }
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My client’s video was aired on television without a license. The video’s use does not fall within fair use. The production company removed the video from its website once they were informed in order to mitigate economic harm. Can my client bring an action? If so, what can he seek in monetary damages? Any insight would be very much appreciated. Thank you.

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Did your client file a copyright registration for the video? If so, you may be able to seek statutory damages.

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He did not file a copyright.

When did your client first publish the video? Statutory damages ($150k/work) are available in copyright infringement actions where the work was registered within 3 months of initial publication or before infringement begins.

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Failure to timely register means the client can’t get statutory damages or attorneys fees. Further, a one time showing of the video probably has little value unless the result is that copies are available via the internet. Your client could sue after registration but I doubt it makes economic sense.

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