Sony BMG Music Entertainment v. Tenenbaum
719 F.3d 67
| 1st Cir. | 2013Background
- Tenenbaum repeatedly downloaded and distributed copyrighted music from 1999 to 2007 using P2P networks.
- Sony sued for statutory damages and injunctive relief, seeking damages for 30 infringed works; discovery revealed thousands of songs were distributed.
- District court held willful infringement and instructed damages between $750 and $150,000 per willful violation, awarding $22,500 per song (total $675,000).
- District court reduced the award on due-process grounds, citing Gore-style concerns, and Sony appealed the remittitur decision.
- On appeal, the First Circuit held Williams governs statutory-damages review, not Gore, and affirmed the $675,000 award as constitutionally permissible.
- Remand proceedings concluded remittitur was inappropriate; Tenenbaum challenges the constitutionality of the award itself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What standard governs constitutional review of statutory damages? | Sony argues Williams standard applies to statutory damages. | Tenenbaum argues Gore guideposts apply to all due-process review of damages. | Williams standard governs statutory damages. |
| Does $675,000 violate due process for thirty willful infringements? | Sony contends award aligns with deterrence and statutory framework. | Tenenbaum asserts award is excessive relative to injury and lacks proper deterrence. | Award does not violate due process. |
Key Cases Cited
- United States v. Williams, 251 U.S. 64 (U.S. 1920) (due process review of statutory penalties; disproportionality standard)
- Gore v. BMW of North America, Inc., 517 U.S. 559 (U.S. 1996) (guideposts for punitive damages not applicable to statutory damages)
- F.W. Woolworth Co. v. Contemporary Arts, Inc., 344 U.S. 228 (U.S. 1952) (statutory damages serve deterrence and reparation)
- Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012) (statutory damages framework and damages review)
- Capitol Records, Inc. v. Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012) (application of statutory damages framework)
- Zomba Enters., Inc. v. Panorama Records, Inc., 491 F.3d 574 (6th Cir. 2007) (statutory damages review framework)
- Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (U.S. 1998) (remittitur and damages context)