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.