Jewell-Lasalle Realty Co. v. Buck, 283 U.S. 202 (1931)

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Jewell-LaSalle Realty Co. v. Buck

No. 140

Argued March 3, 4, 1931
Decided April 13, 1931
283 U.S. 202

CERTIFICATE FROM THE CIRCUIT COURT OF APPEAL

FOR THE EIGHTH CIRCUIT

Syllabus

1. In a case disclosing infringement of a copyright covering a musical composition, there being no proof of actual damages, the court is bound by the minimum amount of $250 set out in the so-called "no other case" clause of § 25(b) of the Copyright Act, reading, "and such damages shall in no other case exceed the sum of $5,000 nor be less than the sum of $250, and shall not be regarded as a penalty." P. 203.

2. Where more than twenty-five infringing performances of a copyrighted musical composition have been proved and there is no showing of actual damages, the court must allow the statutory minimum of $250 and may, in its sound discretion, employ the rate of ten dollars a performance, which is scheduled in subdivision "Fourth" of § 25(b), as a basis for assessing additional damages. P. 208.

Questions certified by the circuit court of appeals upon an appeal from a decree of the district court, 32 F.2d 366, 368, enjoining an infringement of copyright and awarding damages.