David v. Goliath: How the Record Industry is Winning Substantial Judgments Against Individuals for Illegally Downloading Music
Texas Tech Law Review, Vol. 42, p. 1031, 2010
38 Pages Posted: 17 Apr 2011 Last revised: 25 May 2014
Date Written: December 1, 2010
In “David v. Goliath: How the record industry is winning substantial judgments against individuals for illegally downloading music,” author Kate Cross describes developments in the field of copyright law that institute damages for copyright violations. She discusses the Copyright Acts of 1790, 1909, 1976, 1988 and 1999. Cross then examines the rise of excessive damages of both a statutory and punitive nature.
Next, Cross compares the Williams and Gore standards for analyzing statutory damages and presents arguments for each method. Finally, she proposes that the guideposts presented in Gore are the appropriate guidelines to use for analyzing the amount of damages that should be assessed for the level of infringement that occurred.
JEL Classification: K19
Suggested Citation: Suggested Citation