From our private database of 14,100+ case briefs...
Bryant v. Media Right Productions, Inc.
United States Court of Appeals for the Second Circuit
603 F.3d 135 (2010)
Anne Bryant and Ellen Bernfeld (plaintiffs) created and produced two albums called Songs for Dogs and Songs for Cats. The plaintiffs copyrighted both albums and several of the individual songs on the albums. The plaintiffs entered into an agreement with Media Right Productions, Inc. (Media Right) (defendant) to market the albums. Media Right entered into an agreement with Orchard Enterprises, Inc. (Orchard) (defendant) to sell and distribute the albums. Media Right gave Orchard physical copies of the albums. About two years later, Orchard made digital copies of the albums and began selling downloadable forms of both the complete albums and individual songs over the internet. Over the next six years, Orchard received $12 from selling the physical albums and $579 from selling the digital downloads. When the plaintiffs discovered that their albums were available online, they sued Media Right, Media Right’s president (defendant), and Orchard for copyright infringement. The district court found that the defendants had committed direct copyright infringement. However, the court also found that Orchard was an innocent infringer. The court ordered Orchard to pay the plaintiffs just the statutory minimum for innocent infringement, which was $200 per work infringed. Because two copyrighted albums had been infringed, Orchard owed $400 in total damages. The court was unable to determine whether Media Right was an innocent or willful infringer. The court ordered Media Right to pay $1000 for each work that had been infringed. Because two copyrighted albums had been infringed, this meant Media Right owed a total of $2000 in statutory damages to plaintiffs. The plaintiffs appealed. Among other things, the plaintiffs argued that the district court erred by granting separate statutory damages for only two copyrighted works, the two albums, rather than for each song on the albums.
Rule of Law
Holding and Reasoning (Wood, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.