Months ago the Internet was all atwitter with the copyright infringement lawsuit Eric Dane and his wife Rebecca Gayheart (collectively, “McSteamy”) filed against Gawker over their sex-less sex tape.
We may move on, but litigation plods along forever.
This week comes news that the judge ruled that the plaintiffs may not recover attorney’s fees or statutory damages.
The statutory damages ruling was a foregone conclusion.
As we noted when we called the suit for Gawker in September, statutory damages are not available if the “publishing” pre-dates the copyright registration. McSteamy’s copyright registration shows they officially became the authors on August 19, two days after Gawker initially aired a portion of the video.
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