Date: 10-11-2024

Case Style:

Tamara Wareka p/k/a Tamara Williams v. Park Avenue Medical Spa Anti-Aging Rejuvination Therapies, Inc. d/b/a Park Avenue Medical Spa

Case Number: 7:24-cv-04714

Judge: Philip M. Halpern

Court: United States District Court for the Southern District of New York (Westchester County)

Plaintiff's Attorney:

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Defendant's Attorney: Stephen James Barrett

Description:

White Plaintiff, New York copyright lawyer represented the Plaintiff.

Copyright infringement is the act of using a copyrighted work without the copyright owner's permission. This includes reproducing, distributing, performing, displaying, or making a derivative work of the copyrighted material.
Here are some things to know about copyright infringement:

Copyright ownership

The author of a work is usually the copyright owner, unless they assign the copyright to someone else in writing.

Elements of infringement

For copyright infringement to occur, the copyright holder must have a valid copyright, the infringer must have access to the work, and the duplication must be outside of any exceptions.

Penalties

Civil penalties for copyright infringement include paying damages, which can be actual or statutory damages. Statutory damages are set at a minimum of $750 and a maximum of $30,000 per infringed work. For willful infringement, the court can award up to $150,000 per work. The court can also order the infringer to pay attorneys' fees and costs.

Criminal penalties

Criminal penalties for copyright infringement include up to five years in prison and a fine of up to $250,000 for first-time offenders. Previous offenders can face up to 10 years in prison and the same fine.

Fair use

There may be some situations where the reproduction of a copyrighted work is considered "fair use". However, only a federal court can determine if a particular use is fair use.

Outcome: NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Park Avenue Medical Spa Anti-Aging Rejuvination Therapies, Inc. d/b/a Park Avenue Medical Spa. Document filed by Tamara Wareka p/k/a Tamara Williams. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Murray, Taryn) (Entered: 10/11/2024)

Plaintiff's Experts:

Defendant's Experts:

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