Paul Simon Sues Clock Maker: Copyright Infringement

Written By Tamera H. Bennett

by Tamera H. BennettJuly 30, 2008

According to the Simon v. Rhythm USA, Inc. complaint filed by Simon, Rhythm Watch Company sold 40,000 clocks with the song "Bridge Over Troubled Water" without a license. The complaint also states the cost of such a license had it been requested would have been in excess of $1 million dollars.

Rhythm started selling these clocks in 2003. At first I was concerned the three year statute of limitations may have run for copyright infringement. Simon's attorney is treating this as a continuing infringement and is only going back 3 years for his actual damages calculation. Simon can also elect statutory damages. I did think it was interesting that the copyright registration was never mentioned by number and it was not attached to the complaint.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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