Feltner's Pyrrhic Victory
Thomas G. Field Jr.
University of New Hampshire School of Law (formerly Franklin Pierce Law Center)
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.
Number of Pages in PDF File: 4
Keywords: Statutory reformation, statutory damages, Seventh Amendment
JEL Classification: K11, K41
Date posted: July 30, 2008 ; Last revised: October 23, 2010