Jewell-LaSalle Realty Co. v. Buck

Background

A music licensing group and one of its composer members sued a realty company in federal court after an orchestral performance of a musical composition was given without permission. The infringement was proved, but the plaintiffs did not show any actual financial loss. The trial court issued an injunction and awarded $250 in damages. The defendant appealed, and the appellate court certified three legal questions to the Supreme Court about how statutory damages should be measured.

Reasoning

The Court examined Section 25 of the Copyright Act and earlier decisions, including a prior case that applied a $250 minimum to copying infringements. The Court concluded the Act’s maximum-and-minimum clause was meant to apply to all listed types of infringement unless the statute made a specific exception. As a result, when no actual damages are shown the court must award at least $250. If more than twenty-five infringing performances are proved, a judge may use the statutory per-performance amounts (for example, $10 per performance) as a basis for additional damages.

Real world impact

The decision means composers and licensing organizations can obtain a statutory $250 minimum in many unauthorized-public-performance cases even without proof of actual loss. Venues and property owners who allow unlicensed performances face that minimum unless many performances are proved and a per-performance calculation applies. The Court noted any perceived unfairness in the statute should be addressed by Congress rather than the courts.