Shamery v. Illinois

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that entity’s role in activity, degree of direction of activity, and financial interest in activity were relevant in addressing the existence of a practical partnership
• concluding that entity's role in activity, degree of direction of activity, and financial interest in activity were relevant in addressing the existence of a practical partnership
• holding that infringing defendant had burden of establishing that gaming profits derived from factors other than infringing use of music in promotional production and remanding for new damages calculation where original calculation did not include any of defendant's indirect profits
• finding no willfulness where defendants reasonably could have believed that they had a valid license to use plaintiffs’ works
• “Arriving at a proper method of apportionment and determining a specific amount to award is largely a factual exercise”
• “When an infringer’s profits are attributable to factors in addition to use of [its] work, an apportionment of profits is proper.”

Source: CourtListener parenthetical corpus (CC0).