Volume I

Issue : 5: September 4, 2003

• U.S. Court of Appeals (9th Cir.) Asserts Jurisdiction over Online Retailer
• Court Limits Extraterritoriality of the U.S. Copyright Act
• Amazon.com Launches Lawsuits in U.S. and Canada to Stop Spoofing
• Property and Trade Secret Rights Outrank Free Speech Rights in DVD Copying Code Case
• Parties To Litigation Do Not Hold Copyrights Over Examination for Discovery Transcripts
• U.S. Court of Appeals Upholds Statutory Damages for Domain Registered Prior to the Enactment of ACPA
• Major U.S. ISP EarthLink Sues John Doe Spammers in B .C. and Alabama
• Defence of Misuse Extended to Suppression of Criticism in Copyright
• Online Broadcasters Sue Recording Industry (RIAA)
• Sixth Circuit Court Strikes Down Michigan Wine Law as Unconstitutional
• Saskatchewan Court of Appeal Upholds Criminal Conviction For Online Marketing Scheme
• U.S. First - North Dakota Prosecutes a Man for Gambling on the Internet
• U.S. Appeals Court (9th Cir.) Rules Massively Overbroad Subpoena For E-Mails Led to Privacy Violation

Home > Volume I > Issue 5: September 4, 2003 > Court Limits Extraterritoriality of the U.S. Copyright Act

Court Limits Extraterritoriality of the U.S. Copyright Act

In Los Angeles News Service v. Reuters Television International Limited, a U.S. Federal Appeals Court in California has decided that actual damages may not be recovered under the U.S. Copyright Act for acts of infringement that mostly occurred outside the U.S. The case arose out of the infamous Los Angeles "race riots" of 1992. A rioter threw a brick [at] the head of Reginald Denny. The Los Angeles News Service ("LANS") videotaped the incident from a helicopter and claimed copyright in the work. Reuters copied the videotape in New York and sent the videotape to London, where it was relayed to satellites and transmitted throughout the world. LANS sued Reuters seeking, among other things, actual damages suffered as a result of the infringement of its copyright on the video.

The court upheld the general rule against the extraterritorial application of the Copyright Act and distinguished earlier cases allowing for the recovery of extraterritorial damages as narrow exceptions to the general rule. In particular, the Court found that these exceptions are limited in scope to recovery of the infringer's profits (as opposed to actual damages suffered by the holder of the copyright).

For a copy of the decision, visit:
caselaw.lp.findlaw.com/data2/circs/9th/0256956p.pdf