Copyright Law | Expert Legal Commentary
December 4, 2007
Bridgeport v. Combs: Putting Limits on Punitive Damage Awards in Copyright Action
Bridgeport Music, et al. v. Justin Combs Publishing, et al.
By
Olivier A. Taillieu of Zuber & Taillieu
It was once highly unusual for a successful copyright infringement plaintiff to win punitive damages – indeed, most courts have held that punitives were wholly unavailable for claims under the federal Copyright Act. But in the last decade, courts have been increasingly willing to allow punitive damages in actions based on both federal and state common law, and the awards are getting bigger and bigger. In Bridgeport v. Combs, 507 F.2d 470 (6th Cir. 2007), the 6th Circuit puts some parameters around these awards, explaining why a jury’s $3.5 million punitive damages award was unconstitutionally excessive, and offering future courts some guidance on assessing punitive damage awards
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About the Author
Olivier A. Taillieu is a Partner of Zuber & Taillieu, focusing on intellectual property litigation and arbitration.
1This amount was based on plaintiffs’ evidence of defendants’ estimated gross sales due from the infringing song.
2Though the defendants appealed on numerous grounds, and the appellate court addressed those grounds in its opinion, this commentary only focuses the court’s important discussion of the measure of punitive damages.
3 See, e.g. Oboler v. Goldin, 714 F.2d 211, 213 (2nd Cir. 1983).
4 See e.g., Cormack v. Sunshine Food Stores Inc., 675 F. Supp. 374 , 375 (E.D. Mich. 1987) (“Defendants assert that punitive damages may only be awarded in common law copyright actions, not for claims under the Copyright Act of 1976. Defendants’ assertion is entirely correct… I note that all cases that have awarded punitive damages for copyright infringement have been in common law actions.”)
Image Credit: ©iStockphoto.com/slobo
