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Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. I am not clear on your post in several respects. You say the defendant was sued for copyright infringement and damages. The defendant won on summary judgment on the basis that there were no damages. However, under the copyright law there are statutory damages which do not require proof of actual damages. WAs the basis of the defendant's victory that the infringement occurred but the owner elected to prove damages rather than statutory damages and could not prove the damages so he lost? Is that what happened? What do you mean by the case was "loss in part"? Are you saying the plaintiff moved for summary judgment and could not prove damages so lost the summary judgment even though the infringement occurred so the case is proceeding to a trial on the damages?
In part because the Plaintiffs owned the copyright personally and transfered it to their company. The two plaintiffs were dicharged because the owner was now the company. This was in part. The ownership was passed to their company within two months of discovering the infringement. There was a contract obtained by the owners with stipulations that if there was any outside interference with their existing copyrights then the $ 10MM
Was off. Since the deal fell through there was no way to contact the person making the deal and because the copyright was previously missing from the office that statutory danages could not be established.
The defendants used it with permission in 1997 but not in 2009. The copyright was created in 1995 as a derivative of an original copyright at the same time. The copyright office mixed up both the transfered image and the original submitted image but said they were not responsible for 10 years ago. So by going by the transfered date. Statutory could not go from 1995 but 2009 which was after publication. Four copyrights exist in the format in various derivatives.