willfulness has generally been applied to determine whether an enhancement of statutory damages is appropriate under § 504(c). The Court sees no reason not to apply the same standard in the context of calculating net profits under § 504(b). But see Nimmer § 14.03(B)(3) at 14-56 n. 81-6 (noting possibility that standards may differ). 8 . Plaintiffs make much of a copyright application made by defendants in November 2003 relating to two traditional Christmas carols as evidencing defendants' knowledge that Caffey was able to copyright the selection and sequencing of songs in the Show. The Court declines to draw this inference inasmuch as defendants' application (Pis.’ Ex. 42) seeks to copyright a new musical arrangement, not merely a list of songs. 9 . See, e.g., Orgel, 301 F.2d at 121 (<HOLDING>); Cream Records, Inc. v. Joseph Schlitz Brewing
holding that if the insurer cannot return the vehicle to substantially the same condition then the actual cash value is the appropriate measure where insured sued for damages caused by insurers inappropriate election to repair and the value after repairs was almost sixty percent less than its preloss value recognizing that the fact that a substantial portion of the infringing work was copied verbatim is evidence of the qualitative value of the copied material holding that the knowing provision of swap meet facilities necessary to the sale and distribution of infringing works was a material contribution to the infringement of others holding that where the plagiarized material comprised 35 of the work and the commercial value of the whole was likely attributable in some part to the remaining 65 percent 50 percent of the profits were allocated to the infringing material holding that posting of infringing copyrighted material may give rise to jurisdiction where the victiimplaintiff was a resident of the forum state