Wire and its users is joint and several, the statute mandates a single statutory award per work infringed.” (Def. Op. at 3-4.)
To the best of this Court’s knowledge, the issue of whether a plaintiff should be able torecover from a secondarily liable defendant multiple awards per work based on the number of direct infringers of that work has never been addressed in a context where the secondarily liabledefendant has enabled hundreds, if not thousands, of individuals to infringe one work’scopyright, as occurred here, in the online peer-to-peer file sharing program run by LimeWire.Consequently, there is a considerable lack of guidance on this precise issue.However, for the reasons that follow, the Court finds that Plaintiffs are entitled to a singlestatutory damage award from Defendants per work infringed.A. Section 504(c) of the Copyright ActThe present dispute stems from the parties’ conflicting interpretations of the languagecontained in Section 504(c)(1) of the Copyright Act. In relevant part, Section 504 provides that acopyright owner may elect:an award of statutory damages for all infringements involved in the action, with respectto any one work, for which any one infringer is liable individually, or for which any twoor more infringers are liable jointly and severally, in a sum not less than $750 or morethan $30,000 as the Court considers just . . ..
17 U.S.C. § 504(c)(1) (emphasis added).Focusing on the language of Section 504, Defendants contend that, because Section504(c)(1) refers to “an award” (in the singular) where “any two or more infringers are jointly andseverally liable,” Plaintiffs cannot obtain more than “an award” for any given work, if there are
Section 504(c)(2) provides that, where the infringement was committed willfully, “the court in itsdiscretion may increase the award of damages to a sum not more than $150,000.” 17 U.S.C. § 504(c)(2).
Case 1:06-cv-05936-KMW -DCF Document 622 Filed 03/10/11 Page 3 of 13