Stat. Damages -- Constitutional decision

Another constitutional judgment for defendants in copyright cases. The US Supreme Court says that a defendants is entitled ot a jury determination of statutory damages under S. 504. An $8.8 million award by a trial judge was reversed and remanded.

> C. ELVIN FELTNER, JR., PETITIONER
>
> v.
>
> COLUMBIA PICTURES TELEVISION, INC.
>
>
> ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
> APPEALS FOR THE NINTH CIRCUIT
> [March 31, 1998]
>
> JUSTICE THOMAS delivered the opinion of the Court.
>
> Section 504(c) of the Copyright Act permits a copyright
> owner "to recover, instead of actual damages and profits,
> an award of statutory damages . . . , in a sum of not less
> than $500 or more than $20,000 as the court considers
> just." 90 Stat. 2585, as amended, 17 U. S. C. S504(c)(1).
> In this case, we consider whether S504(c) or the Seventh
> Amendment grants a right to a jury trial when a copyright
> owner elects to recover statutory damages. We hold that
> although the statute is silent on the point, the Seventh
> Amendment provides a right to a jury trial, which includes
> a right to a jury determination of the amount of statutory
> damages. We therefore reverse.

....

Pundits on the new, untried, and untested Canadian version of the US scheme take note.

-- 
Howard Knopf
Perley-Robertson, Panet, Hill & McDougall
90 Sparks St.
Ottawa, Canada
Phone: 613-566-2820 or
       1-800-2-OTTAWA

E-Mail: knopfh[_at_]perlaw.ca,hknopf[_at_]magmacom.com
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