Posts Tagged ‘constitutionality of statutory damages’
February 19, 2011
Sony v. Tenenbaum: What Are the Due Process Limitations on Awards of Statutory Damages in Copyright Litigation?First Circuit review of Judge Gertner’s decision in Sony BMG v. Tenenbaum is in sight with argument set for April 4. In that copyright infringement case, the district court did what no court had ever done before. It threw out a jury award of $675,000 in statutory damages on due process grounds even though the award was within the statutory range set by Congress. The court instead awarded the music labels $67,500 for Tenenbaum’s near-decade of music downloading.