MAVERICK RECORDING CO. v. HARPER

No. 08-51194.

598 F.3d 193 (2010)

MAVERICK RECORDING COMPANY, A California Joint Venture; UMG Recordings, Inc., A Delaware Corporation; Arista Records LLC, A Delaware Limited Liability Company; Warner Brothers Records, Inc., A Delaware Corporation; Sony BMG Music Entertainment, A Delaware General Partnership, Plaintiffs-Appellees-Cross-Appellants, v. Whitney HARPER, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 25, 2010.


Attorney(s) appearing for the Case

Stacy R. Obenhaus, Gardere, Wynne, Sewell, L.L.P., Dallas, TX, Andrew B. Mohraz, Holme, Roberts & Owen, LLP, Denver, CO, for Plaintiffs-Apellees Cross-Appellants.

Timothy M. Reynolds (argued), Holme, Roberts & Owen, LLP, Boulder, CO, for Maverick Recording Co.

Donald Scott Mackenzie (argued), Dallas, TX, for Harper.

Before DAVIS, CLEMENT and ELROD, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

Ruling on cross-motions for summary judgment, the district court found that appellant Whitney Harper infringed copyrights held by a consortium of record companies in 37 sound recordings. It also found that whether Harper was an "innocent infringer" under 17 U.S.C. § 504(c)(2) was a question for the jury. On Plaintiffs' motion, the court entered a final judgment against Harper in the amount of $200 per infringed work, the minimum...

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