Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340, 3 (1998)

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342

FELTNER v. COLUMBIA PICTURES TELEVISION, INC.

Opinion of the Court

Henry J. Tashman argued the cause for respondent. With him on the brief was Gregory J. Kopta.*

Justice Thomas delivered the opinion of the Court.

Section 504(c) of the Copyright Act of 1976 permits a copyright owner "to recover, instead of actual damages and profits, an award of statutory damages . . . , in a sum of not less than $500 or more than $20,000 as the court considers just." 90 Stat. 2585, as amended, 17 U. S. C. § 504(c)(1). In this case, we consider whether § 504(c) or the Seventh Amendment grants a right to a jury trial when a copyright owner elects to recover statutory damages. We hold that although the statute is silent on the point, the Seventh Amendment provides a right to a jury trial, which includes a right to a jury determination of the amount of statutory damages. We therefore reverse.

I

Petitioner C. Elvin Feltner owns Krypton International Corporation, which in 1990 acquired three television stations in the southeastern United States. Respondent Columbia Pictures Television, Inc., had licensed several television series to these stations, including "Who's the Boss," "Silver Spoons," "Hart to Hart," and "T. J. Hooker." After the stations became delinquent in making their royalty payments to Columbia, Krypton and Columbia entered into negotiations to restructure the stations' debt. These discussions were unavailing, and Columbia terminated the stations' li-*Howard B. Abrams, pro se, filed a brief as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the American Society of Composers, Authors and Publishers by I. Fred Koenigsberg and Philip H. Schaeffer; for the International Anticounterfeiting Coalition, Inc., by Peter W. James, Anthony M. Keats, and Larry W. McFarland; and for the National Football League et al. by Neil K. Roman and Robert A. Long, Jr.

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