Buck v. Bilkie

Appeal by plaintiffs from so much of a decree enjoining further violation of their copyright in a musical composition as denied to them any damages or attorneys’ fees.

In the absence of proof of actual damages, an award of at least $250 damages is mandatory. Jewell-LaSalle Realty Co. v. Buck, 283 U. S. 202, 51 S. Ct. 407, 75 L. Ed. 978, construing 17 U. S. C. § 25 (b), 17 USCA § 25 (b), the Copyright Act § 25 (b).

Under section 40 of the act (17 USCA § 40), “the Court may award to the pre- • vailing party a reasonable attorney’s fee.” Any such award is clearly discretionary: We find no abuse of…