Feltner's Pyrrhic Victory
4 Pages Posted: 30 Jul 2008 Last revised: 23 Oct 2010
Date Written: July 26, 2008
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.
Keywords: Statutory reformation, statutory damages, Seventh Amendment
JEL Classification: K11, K41
Suggested Citation: Suggested Citation