United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Jewell-LaSalle Realty Co. v. Buck

No. 140

Argued March 3, 4, 1931

Decided April 13, 1931

283 U.S. 202

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. 283 U. S. 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. 283 U. S. 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.

Page 283 U. S. 203