Feltner's Pyrrhic Victory

Abstract:     
Congress intended juries to have no role in awarding copyright statutory damages. John, G. Roberts, Jr., however, prevailed in arguing on certiorari that a $8.8 million non-jury award ran afoul of the Seventh Amendment. Some, including the defendant, might expect such a ruling, absent amendment, to spell the end of the provision in question. Yet, as recounted in this brief comment, the provision in issue was nevertheless found to support a subsequent jury award of $31.68 million.

Number of Pages in PDF File: 4

Keywords: Statutory reformation, statutory damages, Seventh Amendment

JEL Classification: K11, K41

working papers series