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Keywords

plaintiffdefendantdamagesinjunctionwillcopyrightstatutory damages
plaintiffdefendantdamagesinjunctionwillcopyrightstatutory damages

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Schiffer; U.S. v.

Facts

The owners' photographers created photographs of fabrics and textiles which were printed into 13 books published and copyrighted by the owners. Defendants published and marketed a book that contained many of the owners' images. The court found that each book as it was registered was a collective work under 17 U.S.C.S. 504(c). Thus, damages were to be made per book and not per photograph. Because photographs in three of the books were not registered initially, the court allowed damages only for 10 of the owners' 13 books. As to the amount of statutory damages due to the owners under 504(c)(1), the court concluded that defendants' infringement was not willful, nor was it innocent. Therefore, the owners were not entitled to exceptional damages under 504(c)(2) but only to damages within the normal range. The court considered the expenses saved and the profits reaped by defendants by not licensing the owners' photographs and also found it necessary to impose an amount that would ensure that defendants would not engage in future infringement. The court also found that a permanent injunction was appropriate because of the substantial likelihood of future infringement.

The owners' photographers created photographs of fabrics and textiles which were printed into 13 books published and copyrighted by the owners. Defendants published and marketed a book that contained many of the owners' images. The court found that each book as it was registered was a collective work under 17 U.S.C.S. 504(c). Thus, damages were to be made per book and not per photograph. Because photographs in three of the books were not registered initially, the court allowed damages only for 10 of the owners' 13 books. As to the amount of statutory damages due to the owners under 504(c)(1), the court concluded that defendants' infringement was not willful, nor was it innocent. Therefore, the owners were not entitled to exceptional damages under 504(c)(2) but only to damages within the normal range. The court considered the expenses saved and the profits reaped by defendants by not licensing the owners' photographs and also found it necessary to impose an amount that would ensure that defendants would not engage in future infringement. The court also found that a permanent injunction was appropriate because of the substantial likelihood of future infringement.

Issue

Whether the plaintiffs are entitled to statutory damages for copyright infringement and the appropriate amount of those damages.

Whether the plaintiffs are entitled to statutory damages for copyright infringement and the appropriate amount of those damages.

Rule

The Copyright Act of 1976 provides that a copyright infringer is liable for either the copyright owner's actual damages and the infringer's profits, or statutory damages. Statutory damages can range from $750 to $30,000 for each work infringed, with the possibility of increasing damages to $150,000 for willful infringement or reducing them to $200 for innocent infringement.

The Copyright Act of 1976 provides that a copyright infringer is liable for either the copyright owner's actual damages and the infringer's profits, or statutory damages. Statutory damages can range from $750 to $30,000 for each work infringed, with the possibility of increasing damages to $150,000 for willful infringement or reducing them to $200 for innocent infringement.

Analysis

The court determined that the plaintiffs were entitled to statutory damages for each 'work' that the defendants infringed, concluding that each Schiffer book constituted a collective work. The court found that damages should be awarded on a per book basis rather than per photograph. Since three of the books were not registered at the time of infringement, the court limited the damages to the ten registered books. The court assessed the defendants' infringement as neither willful nor innocent, thus limiting the damages to the normal range and not awarding exceptional damages.

The court determined that the plaintiffs were entitled to statutory damages for each 'work' that the defendants infringed, concluding that each Schiffer book constituted a collective work. The court found that damages should be awarded on a per book basis rather than per photograph. Since three of the books were not registered at the time of infringement, the court limited the damages to the ten registered books. The court assessed the defendants' infringement as neither willful nor innocent, thus limiting the damages to the normal range and not awarding exceptional damages.

Conclusion

The court awarded the owners $150,000 in statutory damages and permanently enjoined defendants from filling or taking future orders for their book.

The court awarded the owners $150,000 in statutory damages and permanently enjoined defendants from filling or taking future orders for their book.

Who won?

Plaintiffs prevailed in the case as the court found in their favor on the copyright infringement claim and awarded them statutory damages.

Plaintiffs prevailed in the case as the court found in their favor on the copyright infringement claim and awarded them statutory damages.

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