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UMG RECORDINGS, INC. v. MP3.COM, INC.

No. 00 Civ. 472(JSR).

109 F.Supp.2d 223 (2000)

UMG RECORDINGS, INC., Sony Music Entertainment Inc., Warner Bros. Records Inc., Arista Records Inc., Atlantic Recording Corporation, BMG Music d/b/a the RCA Records Label, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, and Sire Records Group Inc., Plaintiffs, v. MP3.COM, INC., Defendant.

United States District Court, S.D. New York.

August 23, 2000.

Attorney(s) appearing for the Case

Robert Goodman, New York City, Hadrian Katz, Washington, DC, for Plaintiffs.

Jeffrey A. Conciatori, Michael Carlinsky, New York City, Michael Rhodes, Christopher Pace, Philip Tencer, Andrea Hoffman, San Diego, CA, for Defendant.

OPINION

RAKOFF, District Judge.

By order dated July 31, 2000, the Court denied plaintiff's motion to have the statutory damages in this case computed on a "per song" rather than "per-CD" basis. Here is why.

Under the Copyright Act, "the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with...

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