Extract to table

§ 201(d), and an exclusive license must be in writing and signed by the owner of the rights conveyed, pursuant to 17 U

Critically, apparent authority must be based on the principal's manifestations to the third party, not on the agent's own representations

Section 401(d) provides: "If a notice of copyright in the form and position specified by this section appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages

These representations are typically accompanied by comprehensive indemnification provisions under which the licensor agrees to defend and hold harmless the licensee against claims arising from breaches of these representations

StreamNow's Sophistication and Resources Undermine "Innocence" The innocent infringer defense must be evaluated in light of the infringer's sophistication, resources, and industry position