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They Built This Lawsuit on Rock ‘n Roll – Thomas-Rasset oral arguments available

Posted By Naomi Jane Gray On June 15, 2012 @ 10:18 am In Statutory damages | No Comments

On June 8, the Eighth Circuit Court of Appeal heard oral argument in the Capitol Records v. Thomas-Rasset filesharing case. The oral argument addressed two issues: (1) whether the Copyright Act grants a copyright owner the exclusive right to “make available” works to the public; and (2) whether a statutory damages award that is within the range set by Congress can nonetheless be constitutionally excessive. The (third) jury in the case rendered a verdict of $80,000 per song infringed, for a total of $1.92 million, which the District Court remitted to $2,250 per song (three times the statutory minimum).

I will post the opinion when it is available. In the meantime, diehards can listen to the oral argument here [1].

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[1] here: http://www.ca8.uscourts.gov/cgi-bin/new/cmECFArg.pl?case_num=11-2820

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