Buck v. Bilkie

Ninth Circuit

Buck v. Bilkie

63 F.2d 447, 16 U.S.P.Q. (BNA) 382, 1933 U.S. App. LEXIS 3457

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 13, 1933

Docket6754

StatusPublished

Cited by13 cases

This text of 63 F.2d 447 (Buck v. Bilkie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buck v. Bilkie, 63 F.2d 447, 16 U.S.P.Q. (BNA) 382, 1933 U.S. App. LEXIS 3457 (9th Cir. 1933).

Pincite

Opinion

PER CURIAM.

Appeal 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.

In 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).

Under 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.

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

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