The Circuits Agree: Copyright Statutory Damages Are Not Subject to State Farm/Gore Due Process Guidelines for Punitive Damages and Need Not Have Any Real Relationship to Actual Damages
The dust has settled and the Copyright Act’s statutory damages remedy is unscathed despite a potentially crippling campaign to tie it to actual damages under the Supreme Court’s State Farm/Gore line of punitive damages cases. The First, Fourth, Sixth, Eighth and Ninth Circuits now have held that State Farm/Gore does not apply to statutory damages. Click here to read the full article.
(Reproduced with permission from BNA’s Patent, Trademark & Copyright Journal, 89 PTCJ 480, 12/19/2014. Copyright © 2014 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com)