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MACKIE v. RIESER

No. 00-35839.

296 F.3d 909 (2002)

Jack MACKIE, Plaintiff-Appellant, v. Bonnie RIESER; Seattle Symphony Orchestra Public Benefit Corporation, a Washington nonprofit corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2002.

Attorney(s) appearing for the Case

Thomas W. Hayton, Cutler & Nylander, P.S., Seattle, Washington, for the plaintiff-appellant.

Steven P. Fricke, Christensen O'Connor Johnson Kindness PLLC, Seattle, Washington, and Mark M. Hough, Riddell Williams P.S., Seattle, Washington, for the defendants-appellees.

Before: RYMER, McKEOWN, and GOULD, Circuit Judges.

McKEOWN, Circuit Judge:

This case of admitted copyright infringement leads us to clarify our longstanding rule regarding the quantum of causation necessary to obtain indirect profits damages. Jack Mackie, creator of the popular outdoor artwork in Seattle known as "The Dance Steps," sued the Seattle Symphony Orchestra Public Benefit Corporation (the "Symphony") for copyright infringement after the Symphony, without Mackie's permission, used his artwork in a Symphony...

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