Facts

Plaintiff Breakdown Services Ltd. is engaged in the business of analyzing scripts for motion pictures and
television productions and preparing original written analyses or synopses of the scripts referred to in the
entertainment industry as "breakdowns."
The plaintiff contended that the breakdowns contain original materials that are copyrightable under the
Copyright Act.
In May 1998, plaintiff filed suit against Only Multimedia Network Incorporated, dba Castnet, for copyright
infringement. This action was settled in November 1998. As part of the settlement agreement, defendant
agreed that a stipulated permanent injunction would issue, barring defendant from further infringement of
plaintiffÆs copyrighted breakdowns.
In September 1999, the defendant distributed nine breakdowns that the plaintiff
contended violated the terms of the stipulated permanent injunction. In November 1999, the
plaintiff filed a motion seeking to impose civil contempt sanctions against the defendant for
violating the stipulated permanent injunction.

PLAINTIFF CONTENTIONS:
The plaintiff contended that the defendant unlawfully obtained copies of its
breakdowns from third parties, whom the defendant refused to identify, and then published verbatim copies of
the breakdowns under its own name, all in violation of the express terms of the stipulated permanent
injunction.

DEFENDANT CONTENTIONS:
The defendant claimed that the plaintiffÆs copyright in the breakdowns was
invalid, that the breakdowns did not contain original, copyrightable material and that it had substantially
complied with the injunction.
The defendant also contended that the breakdowns were owned by the casting directors, that Castnet had been
authorized by the casting directors to release the breakdowns, and that the plaintiff had suffered no damages
resulting from CastnetÆs distribution of the breakdowns in question.
Finally, the defendant contended that the plaintiffÆs misused the defendantÆs copyright by placing copyright
notices on breakdowns it did not author.

Settlement Discussions

The defendant refused to make any monetary settlement offer.

Damages

Statutory damages under the Copyright Act for intentional copyright infringement. The court awarded statutory damages of $25,000 for each of the nine violations of the permanent injunction.

Other Information

This copyright infringement action was settled by the parties in November 1999. Pursuant to the terms of the settlement agreement, a stipulated permanent injunction was issued by the Court on Nov. 25, 1998. On Nov. 9, 1999, plaintiff Breakdown Services Ltd. filed a motion for issuance of contempt sanctions against defendant Only Multimedia Network Incorporated, dba Castnet, for committing nine violations of the stipulated permanent injunction. On March 31, 2000, the court issued its order directing Only Multimedia Network Incorporated to appear and to show why it should not be held in contempt. On May 8, 2000, the court heard oral argument. On May 31, 2000, the court issued its Order and Judgment, providing that it found by clear and convincing evidence that the defendant engaged in intentional infringement of materials copyrighted by the plaintiff and committed multiple violations of the stipulated permanent injunction. The court also awarded plaintiff its attorney fees and costs of suit. The defendant has appealed.