911 F.3d 378
6th Cir.2018Background
- Robert Smith (Bigg Robb) wrote and registered the song "Looking for a Country Girl." Bernard Thomas (Bishop Bullwinkle) sampled the first 12 seconds to create "Hell 2 Da Naw Naw" without permission or credit.
- Smith confronted Thomas; negotiations failed as Thomas later denied Smith's contribution and invited litigation.
- Smith sued for copyright infringement; Thomas largely did not participate (minimal filings, ignored discovery, absent at trial).
- District court found infringement, awarded Smith 50% ownership of the infringing work, enjoined further infringement, and—finding insufficient proof of actual damages—awarded Smith $30,000 in statutory damages after concluding Smith had "elected" statutory damages.
- On appeal Thomas did not dispute liability or the ownership/injunctive relief but argued Smith failed to properly "elect" statutory damages before final judgment as required by 17 U.S.C. § 504(c)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith validly "elected" statutory damages under 17 U.S.C. § 504(c)(1) | Smith informed the court in writing and at trial he sought statutory damages (referenced willfulness and $150,000 maximum) and thus elected statutory damages before final judgment | Thomas contends the statute requires a formal or particularized election before final judgment and Smith’s statements were insufficiently formal | Election requires only an indication to the court—oral or written—before final judgment; Smith’s Rule 26(f) report and trial statements sufficed, so the election was valid |
| Whether presenting evidence of actual damages precludes an election of statutory damages | Smith could present economic evidence to support a statutory damages award and also plead in the alternative | Thomas argued Smith’s references to earnings implied pursuit of actual damages, negating an election | Court held presenting actual-damages evidence is permissible in determining or supporting statutory damages; pleading in the alternative is allowed |
Key Cases Cited
- Roger Miller Music, Inc. v. Sony/ATV Publ’g, LLC, 672 F.3d 434 (6th Cir. 2012) (standard of review for statutory interpretation)
- Douglas v. Cunningham, 294 U.S. 207 (U.S. 1935) (policy rationale for statutory damages to ensure deterrence and compensation)
- Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (U.S. 1998) (historical context for statutory damages in copyright law)
- Sony BMG Music Entm’t v. Tenenbaum, 660 F.3d 487 (1st Cir. 2011) (statutory damages as a remedial choice, not a procedural trap)
- Curet-Velazquez v. ACEMLA de Puerto Rico, Inc., 656 F.3d 47 (1st Cir. 2011) (plaintiff may seek actual and statutory damages in the alternative)
- N.A.S. Import Corp. v. Chenson Enters., Inc., 968 F.2d 250 (2d Cir. 1992) (courts may consider economic evidence when setting statutory damages)
- Dean v. United States, 556 U.S. 568 (U.S. 2009) (textualist canon: do not read extra requirements into statutory text)
- Bates v. United States, 522 U.S. 23 (U.S. 1997) (same interpretive principle relied on in statutory construction)