Infringing Work definition
Examples of Infringing Work in a sentence
Fans of both artists have noted the clear similarity of both the 9 Original Work and the Infringing Work.
Provided that Contractor successfully accomplishes one of the options set forth in the preceding sentence prior to the entry of any injunction impairing Client’s use of the Infringing Work Product, the provisions of this Section 10.11 shall be Client’s sole and exclusive remedy and Contractor’ sole and exclusive obligation relating to a claim for Infringing Work Product.
Defendants are the performers, writers, producers, publishers, 8 copyright owners, and administrators of the Infringing Work.
The Infringing Work directly misappropriate quantitatively and 25 qualitatively important portions of Plaintiff’s Original Work in a manner that is 26 easily recognizable to the ordinary observer.
The revenue and profits derived from these performances and 7 appearances, among all other revenue and profits, are directly attributable to the 8 success of the Infringing Work.
Thus, the touring and concert revenue generated 9 for Defendants is causally connected to the Infringing Work, such that the 10 touring revenue, concert revenue, and related public performance revenue 11 should be disgorged by Plaintiff.
Defendants copied the Original Work 22 without license or consent, and have exploited the subsequent Infringing Work 23 to their collective benefit without regard to Plaintiff’s rights and to Plaintiff’s 24 detriment.
In addition to being apparent to the ordinary listener, a comparison 13 of the musical elements of both “I Lived (Arty Remix)” and the Infringing Work 14 reveals the works are substantially similar.
Arty created the original compositional 11 elements that is the basis of this lawsuit and is embodied in the Infringing Work 12 in a manner that constitutes willful copyright infringement.
The same is true of the inclusion of the Original 12 Work in Fortnite, and with respect to indirect profits received by the Defendants 13 with respect to the Infringing Work.