63 F.2d 447 - Buck v. Bilkie — 63 F.2d 447

How this case has been cited

Cited by 15 later decisions — most recently April 1966

8 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Philip Cohen, of Los Angeles, Cal. (Nathan Burkan, Louis O. Frolich, and Abraham Walter Socolow, all of New York City, N. Y., of counsel), for appellant.

¶2Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

¶3PER CURIAM.

¶4Appeal by plaintiffs from so much of a decree enjoining further violation of their copyright in a musical composition as denied to them any damages or attorneys’ fees.

¶5In the absence of proof of actual damages, an award of at least $250 damages is mandatory. Jewell-LaSalle Realty Co. v. Buck, 283 U. S. 202, 51 S. Ct. 407, 75 L. Ed. 978, construing 17 U. S. C. § 25 (b), 17 USCA § 25 (b), the Copyright Act § 25 (b).

¶6Under section 40 of the act (17 USCA § 40), “the Court may award to the pre- • vailing party a reasonable attorney’s fee.” Any such award is clearly discretionary: We find no abuse of discretion in the denial qf attorneys’ fees, inasmuch as infringement ceased immediately on what defendant testified to have been the first notice received.

¶7The decree will be modified by adding thereto an award of the statutory minimum of $250 damages, in addition to the costs.