Monday, October 26, 2009
7th Amendment - Copyright
The U.S. Supreme Court held that the Seventh Amendment guarantees the right to a jury trial on statutory damages due under the Copyright Act, 17 U.S.C. 101 et seq. Here, Columbia Pictures Television, Inc., sued the owner of several television stations for copyright infringement when he continued to broadcast Columbia's programs after his licenses had been terminated for nonpayment. The trial court granted plaintiff summary judgment on liability, and plaintiff exercised its option under the Copyright Act's 504(c) to choose statutory damages instead of actual damages. The trial court denied defendant's jury trial request and awarded plaintiff statutory damages. The Ninth Circuit Court of Appeals affirmed, holding that neither the Copyright Act nor the Seventh Amendment requires a jury trial on statutory damages. (informaton found at http://findarticles.com/p/articles/mi_qa3898/is_199806/ai_n8788232/)
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Again Over $20 and no trial. This is probably the most frustratingly ignored amendment by the supreme court. It does not say 'this specifc kind of value or that one' or 'only if it's on this Sunday of the year'. It's ANY case over $20 dollars and that should be respected always.
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