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DOUGLAS V. CUNNINGHAM, 294 U. S. 207 (1935)

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U.S. Supreme Court

Douglas v. Cunningham, 294 U.S. 207 (1935)

Douglas v. Cunningham, 294 U.S. 207 (1935)

No. 519

Argued January 18, 1935

Decided February 4, 1935

294 U.S. 207


1. Section 25 of the Copyright Act provides that an infringer shall be liable for "such damages as the copyright owner may have suffered due to the infringement," or, "in lieu of actual damages . . . , such damages as to the court shall appear to be just," and that, in assessing such damages, the court may, in its discretion, allow, in the case of a newspaper, one dollar for every infringing copy, but that, in any event, the damages shall not exceed $5,000 nor be less than $250, except for infringements occurring after actual notice to the defendant. Held, in a suit based upon the publication of an infringing article in an edition of a newspaper which totaled 384,000 copies, an award of $5,000 in lieu of actual damages was within the discretion of the trial court, and was not subject to revision by the Circuit Court of Appeals. P. 294 U. S. 210.

2. This construction is required by the language and the purpose of the statute. P. 294 U. S. 210.

72 F.2d 536 reversed.

Certiorari, 293 U.S. 551, to review a judgment reversing, as to the amount of damages and costs, a judgment of the District Court in a suit for infringement of copyright.

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