L. A. Westermann Co. v. Dispatch Printing Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The case is stated in the opinion. Section 25 of the Copyright Act was intended to provide (1) relief by injunction, and (2) relief by way of damages, declared not to be penal.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The case is stated in the opinion. Section 25 of the Copyright Act was intended to provide (1) relief by injunction, and (2) relief by way of damages, declared not to be penal. In providing for a recovery of a sum within the prescribed limits,- in lieu of actual damages, Congress did not mean to .enact a penalty but, recognizing the- character of the actual damage done, provides that when actual damages are proven which cannot be measured in dollars and cents, then the court may, in the exercise of its sound discretion, award a…
1Opinion of the CourtJustice Van Devanter
This was a bill for an injunction against future infringement of certain copyrights and to recover damages for past infringement. The injunction was granted and in this both parties acquiesced. In addition, the District Court found that there were seven cases of infringement and awarded $10 as nominal damages for each case — $70 in all. The plaintiff appealed, insisting that for each case it was entitled under the copyright law to an award of not less than $250. The Circuit Court of Appeals sustained that contention, but held that what the District Court regarded as seven cases was only one…
2Cases cited1 opinion
- Brady v. DalySupreme Court of the United States · 1899
3Cited by131 opinions
- F. W. Woolworth Co. v. Contemporary Arts, Inc.Supreme Court of the United States · 1952
- Curtis v. Illumination Arts, Inc.District Court, W.D. Washington · 2014
- Venegas-Hernandez v. Sonolux RecordsCourt of Appeals for the First Circuit · 2004
- Cable/Home Communication Corp. v. Network Productions, Inc.Court of Appeals for the Eleventh Circuit · 1990
- Harris v. Emus Records Corp.Court of Appeals for the Ninth Circuit · 1984
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