Determining Limits On Copyright Statutory Damages

Law360, New York (November 7, 2011, 1:18 PM EST) -- In two high-profile cases, the U.S. Court of Appeals for the First Circuit and a district court in Minnesota recently addressed the constitutional limits on statutory damage awards under the Copyright Act. Both cases involved illegal downloading of music by individuals that resulted in juries awarding extraordinarily large statutory damages — $675,000 in one case and $1.5 million in the other.

The two cases provide guidance on the procedures for addressing arguably excessive jury awards in copyright cases and what courts may view as the maximum...
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