Legal Opinion

Raydiola Music v. Revelation Rob, Inc.

District Court, D. Delaware

Decided January 19, 1990No. Civ. A. 88-178 MMSPublishedCited by 9 opinions

1Opinion of the Court

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Six plaintiffs allege seven causes of action for copyright infringement based on defendant’s public performances of copy righted musical compositions. 1 Defendant demanded a jury trial and plaintiffs have moved to strike the demand (Dkt. 22) contending defendant has no right to a jury trial where the request for monetary relief is confined to statutory damages.

The issue presented for resolution is straightforward. Does defendant in a copyright infringement action have a right to a jury trial where the only monetary demand is for statutory…

2Cases cited22 opinions

  1. Curtis v. LoetherSupreme Court of the United States · 1974
  2. Ross v. BernhardSupreme Court of the United States · 1969
  3. Tull v. United StatesSupreme Court of the United States · 1987
  4. F. W. Woolworth Co. v. Contemporary Arts, Inc.Supreme Court of the United States · 1952
  5. Brady v. DalySupreme Court of the United States · 1899

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3Cited by9 opinions

  1. Crispin Calderon, on Behalf of Themselves and All Others Similarly Situated v. Jim Witvoet, Sr., Doing Business as J & B VegetablesCourt of Appeals for the Seventh Circuit · 1993
  2. Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc.Court of Appeals for the Ninth Circuit · 1997
  3. KingVision Pay Per View, Ltd. v. Boom Town Saloon, Inc.District Court, N.D. Illinois · 2000
  4. Storer Cable Comm. v. Joe's Place Bar & RestaurantDistrict Court, W.D. Kentucky · 1993
  5. Columbia Pictures Television v. Krypton Broadcasting Of Birmingham, Inc.Court of Appeals for the Ninth Circuit · 1997

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