When, as is often the case, actual damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in Friedman v. Live Nation Merchandise,1 the U.S. Court of Appeals for the Ninth Circuit considered, inter alia, two issues greatly affecting the amount of statutory damages: (i) willfulness, and (ii) the number of separate awards available for downstream infringements.2 We present below a summary of the statutory scheme and its application in Live Nation.
Statutory Scheme
Section 504(c)(1) of the Copyright Act (the act), 17 U.S.C. §504, provides:
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