Saturday, September 17, 2011

First Circuit -- Sony BMG Music Entertainment v. Tenenbaum

Napster sharing verdict largely upheld, remand on damages.

Statutory damages under the Copyright Act survive Feltner 7th Amendment challenge.

Act's prohibitions encompass consumer copiers.

Proof of harm not required for award of statutory damages.

No error in jury instructions setting forth range of statutory damages.

Infringement is willful if it is knowing.

Error to the District Court for considering whether damages offended due process before considering remittitur.

Sony BMG Music Entertainment v. Tenenbaum
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.