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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

Bloomberg BNA’s Patent, Trademark & Copyright Journal
December 19, 2014

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)