523 U.S. 340 (1998)
In 1990 petitioner C. Elvin Feltner, through his company Krypton International Corporation, acquired three television stations in the southeastern United States. Respondent Columbia Pictures Television, Inc., had licensed several television series including “Who’s the Boss,” “Silver Spoons,” “Hart to Hart,” and “T. J. Hooker” to these stations.1
The stations became delinquent in royalty payments to Columbia. Negotiations to restructure the stations’ debt proved unavailing, and Columbia terminated the license agreements in October 1991. Despite the termination the stations continued broadcasting the programs.2
Columbia sued Feltner, Krypton, the stations, Krypton subsidiaries, and certain Krypton officers in federal district court alleging copyright infringement among other claims. Columbia sought a permanent injunction, impoundment of all copies of the programs, actual damages or alternatively statutory damages, and costs and attorney’s fees.3
On Columbia’s motion the district court entered partial summary judgment as to liability on the copyright infringement claims. Columbia exercised its option under Section 504(c) to recover statutory damages in lieu of actual damages.4
Feltner requested a jury trial on statutory damages but the district court denied the request and held a bench trial. After two days of trial the judge found 440 separate acts of infringement, determined that the infringement was willful, and fixed statutory damages at $20,000 per act for a total award of $8,800,000 plus costs and attorney’s fees.5
The Ninth Circuit affirmed the district court’s judgment in all relevant respects. The Supreme Court granted certiorari.6
Whether Section 504(c) of the Copyright Act of 1976 grants a right to a jury trial when a copyright owner elects to recover statutory damages?7
The language of Section 504(c) does not grant a right to have a jury assess statutory damages.8 The provision refers to determinations 'as the court considers just' and findings by 'the court.'9 In context, 'court' means the judge rather than the jury.10 This is contrasted with the actual damages provision in Section 504(b) that is generally thought to constitute legal relief triable by jury.11
No.12 The statutory text makes no mention of a jury and uses 'court' in provisions for equitable remedies like injunctions under Section 502 and impoundment under Section 503.13 Columbia sued Feltner and related entities after terminating license agreements in October 1991 for nonpayment of royalties on series including 'Who's the Boss' and 'Hart to Hart.'14 Columbia obtained partial summary judgment on liability and elected statutory damages under Section 504(c) in lieu of actual damages.15 The district court denied Feltner's jury request before conducting a two-day bench trial that found 440 willful infringements and awarded $8,800,000.16
The Ninth Circuit affirmed this approach by relying on precedent under the 1909 Act that assigned statutory damages to the judge.17
Section 504(c) does not provide a statutory right to a jury trial on statutory damages.18
Related opinions on this issue
Justice Scalia concurred in the judgment.19 He would have construed Section 504(c) to permit jury determination of statutory damages to avoid the constitutional question under the doctrine of constitutional doubt.20 The phrase 'as the court considers just' descends from the 1856 copyright statute that authorized actions on the case, which were tried to juries.21
Congress normally can be presumed to have had knowledge of the interpretation given to the incorporated law, at least insofar as it affects the new statute. Because an interpretation of Section 504(c) that avoids the Seventh Amendment question is at least fairly possible, Scalia would adopt that interpretation, prevent the invalidation of this statute, and reserve the constitutional issue for another day.
Whether the Seventh Amendment grants a right to a jury trial, including a jury determination of the amount, when a copyright owner elects to recover statutory damages under Section 504(c)?22
The Seventh Amendment preserves the right to jury trial in suits at common law for legal rights.23 This includes statutory actions analogous to common-law causes of action ordinarily decided in English law courts in the late 18th century.24 Copyright infringement actions for damages were historically tried before juries in courts of law both in England under the Statute of Anne and in the United States under the Copyright Act of 1790 and later statutes.25 Juries determined the amount of damages even when awards fell within a statutory range.26
Yes.27 Historical practice shows that actions for copyright damages were brought at law in actions on the case or debt and tried to juries that set the amount.28 Early American cases such as Hudson & Goodwin v. Patten confirm jury awards under state copyright statutes.29 Jury verdicts under the 1831 Act likewise set damages amounts.30
Columbia elected statutory damages after summary judgment on liability for unauthorized broadcasts following the October 1991 termination.31 Feltner demanded a jury on the damages amount.32 The district court instead held a bench trial that fixed 440 separate acts and $20,000 per act for a total of $8,800,000.33 The Ninth Circuit upheld the denial of jury trial on the ground that such awards are equitable.34
The Seventh Amendment nevertheless requires that a jury decide all issues including the amount of statutory damages.35
The Seventh Amendment provides a right to a jury trial on all issues pertinent to an award of statutory damages under Section 504(c), including the amount of the award.36