1935 United States Supreme Court case
Douglas v. Cunningham United States Supreme Court case in which the Court held theCopyright Act of 1909 allowed an award of $5,000 instead of acopyright infringement damages calculation based on the newspaper's circulation.[ 1]
Douglas wrote an original story which was accepted, copyrighted, and published byThe American Mercury The Boston Post [ 1]
Douglas sued inequity in theUnited States District Court for the District of Massachusetts , chargingcopyright infringement , praying aninjunction , an award of profits and damages, or, "in lieu of actual damages or profits, such damages as to this Court shall appear to be just and proper within the provisions of the Act of Congress in such cases made and provided."[ 1]
Testimony was presented with respect to the value of the story, but, at the close of the trial, the petitioners admitted inability to prove actual damages. The Publishing Company acted innocently in accepting the article from Cunningham, and the latter testified that he had procured the material for its from an acquaintance, believed the facts related to him were actual happenings, and was ignorant of Douglas' production. The trial judge ruled that no actual damage had been shown, but, in lieu thereof, granted the petitioners $5,000 and a counsel fee. Upon appeal, the Circuit Court of Appeals sustained an assignment of error which asserted the judge had abused his discretion in making the award, reversed the decree, and set the damages at $250.[ 1]
This article incorporates written opinion of aUnited States federal court . As awork of theU.S. federal government , the text is in thepublic domain
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