F. W. Woolworth Co. v. Contemporary Arts, Inc.

Summary

Justice Jackson's opinion for the Court held that proof of an infringer's profits does not preclude an award of statutory copyright damages when the copyright owner's actual damages cannot adequately be established. Trial courts have discretion to choose the more just recovery within statutory limits, including consideration of deterrence, and the $5,000 award here was not an abuse of discretion. Justice Black, joined by Justice Frankfurter, dissented, arguing that established profits should limit recovery and that the trial judge's prejudicial remarks cast doubt on the fairness of the statutory award. They would reverse and remand for a new trial before another judge.