A Remedy in Need of Reform

[p2p rules]

Judges “can and should develop a more principled approach to statutory damage awards to be more consistent with Congress’ intent in establishing a tripartite and just statutory damage regime, with principles of due process, and with international norms,” say Pamela Samuelson and Tara Wheatland of the University of California law school.

Cited by Ray Beckerman in Recording Industy vs The People, “U.S. copyright law gives successful plaintiffs who promptly registered their works the ability to elect to receive an award of statutory damages, which can be granted in any amount between $750 and $150,000 per infringed work,” say Samuelson and Wheatland in their Statutory damages in copyright law: a remedy in need of reform.

Last year an American jury said Jamie Thomas-Rasset owed the corporate music industry almost two million dollars for allegedly sharing 24 songs online.

And Boston student Joel Tenenbaum and Harvard law professor Charles Nesson recently filed a motion for a new trial claiming a  jury award of $675,000 award for 30 songs is unconstitutional.

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