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Re: Reuters: Damages of $1.9 million could backfire on music industry
From: David Farber <dave () farber net>
Date: Sun, 21 Jun 2009 14:15:57 -0400
Begin forwarded message: From: Pam Samuelson <pam () ischool berkeley edu> Date: June 21, 2009 12:38:05 PM EDT To: dave () farber netSubject: Re: [IP] Re: Reuters: Damages of $1.9 million could backfire on music industry
Statutory damages were originally designed to provide some compensation to copyright owners when it was difficult, impossible or too expensive to prove monetary damages for injuries arising from infringement. To deter willful infringers, Congress created a new higher level for statutory damage awards when infringement was willful. The RIAA's case against Ms. Thomas is an example of a jury award for statutory damages that is difficult to square with the Supreme Court's due process precedents. A recent article argues that statutory damages in copyright law are in need of reform. It explains how some reform is possible through judicial interpretation of the existing statute in light of the due process jurisprudence, but also suggests that statutory reform is probably needed. The article can be found at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1375604.
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Current thread:
- Reuters: Damages of $1.9 million could backfire on music industry David Farber (Jun 21)
- <Possible follow-ups>
- Re: Reuters: Damages of $1.9 million could backfire on music industry David Farber (Jun 21)
- Re: Reuters: Damages of $1.9 million could backfire on music industry David Farber (Jun 21)
- Re: Reuters: Damages of $1.9 million could backfire on music industry David Farber (Jun 21)
- Re: Reuters: Damages of $1.9 million could backfire on music industry David Farber (Jun 22)