Photo of Han (Jason) Yu

Han (Jason) Yu focuses his practice on copyright and trademark, rights clearance, licensing, internet and digital media, and entertainment law matters. Jason counsels clients on a variety of matters, including: all aspects of copyright and trademark protection, registration, rights clearance, and licensing, including Digital Millennium Copyright Act (DMCA) safe harbor issues; online and digital media content license and distribution agreements; online and digital media technology license and service agreements; website terms of use and privacy policies; merchandising agreements; television series sponsorship agreements; and talent endorsement agreements. He also advises clients on online data privacy, prize promotions, domain name disputes and IP due diligence in connection with corporate and financing transactions. Read Han (Jason) Yu's full bio.

The US Court of Appeals for the Fifth Circuit has reversed a district court ruling awarding statutory copyright damages for pre-registration infringements, explaining that the statute bars such an award even when the post-registration infringement of exclusive rights of the copyright holder is different from the pre-registration act(s). Southern Credentialing Support Services, LLC v. Hammond Surgical Hospital, LLC, Case No. 18-31160 (5th Cir. Jan. 9, 2020) (Costa, J.). This case analyzes § 412 of the US Copyright Act, which bars an award of statutory damages for infringements commenced prior to registration of a copyright.

Credentialing is a process doctors must complete to practice at hospitals, and credentialing service providers verify the information doctors provide. Southern Credentialing Support Services (SCSS) began providing credentialing services to Hammond in 2010, and designed two packets of custom forms for credentialing uses by Hammond. After SCSS stopped providing services to Hammond in 2013, Hammond contracted with another provider for credentialing services and continued to use some of the forms developed by SCSS. By 2017, the new provider for Hammond had also made the SCSS forms available online. SCSS did not obtain copyright registration for its forms until 2014, after learning that Hammond was still using some of the SCSS forms. After the parties failed to resolve the dispute amicably, SCSS sued Hammond for copyright infringement.

Continue Reading