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Douglas v. Cunningham, 294 U.S. 207 (1935)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Douglas v. Cunningham, 294 U.S. 207 (1935)
Douglas v. Cunningham, 294 U.S. 207 (1935) No. 519 Argued January 18, 1935 Decided February 4, 1935 294 U.S. 207
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
1. Section 25 of the Copyright Act provides that an infringer shall be liable for "such damages as the copyright owner may have suffered due to the infringement," or, "in lieu of actual damages . . . , such damages as to the court shall appear to be just," and that, in assessing such damages, the court may, in its discretion, allow, in the case of a newspaper, one dollar for every infringing copy, but that, in any event, the damages shall not exceed $5,000 nor be less than $250, except for infringements occurring after actual notice to the defendant. Held, in a suit based upon the publication of an infringing article in an edition of a newspaper which totaled 384,000 copies, an award of $5,000 in lieu of actual damages was within the discretion of the trial court, and was not subject to revision by the Circuit Court of Appeals. P. 210.
2. This construction is required by the language and the purpose of the statute. P. 210.
72 F.2d 536 reversed.
Certiorari, 293 U.S. 551, to review a judgment reversing, as to the amount of damages and costs, a judgment of the District Court in a suit for infringement of copyright.
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Chicago: U.S. Supreme Court, "Syllabus," Douglas v. Cunningham, 294 U.S. 207 (1935) in 294 U.S. 207 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2L3FGQ3BPNAZ8SA.
MLA: U.S. Supreme Court. "Syllabus." Douglas v. Cunningham, 294 U.S. 207 (1935), in 294 U.S. 207, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2L3FGQ3BPNAZ8SA.
Harvard: U.S. Supreme Court, 'Syllabus' in Douglas v. Cunningham, 294 U.S. 207 (1935). cited in 1935, 294 U.S. 207. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2L3FGQ3BPNAZ8SA.
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