Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc.

On February 6, 1997, we affirmed the district court’s grant of summary judgment in favor of Columbia Pictures Television (Columbia) with respect to C. Elvin Feltner, Jr.’s (Feltner) liability for copyright infringement. See Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc., 106 F.3d 284 (9th Cir.1997). We also affirmed the district court’s award of statutory damages after a bench trial, holding that neither § 504(c) of the Copyright Act, 17 U.S.C. § 504 (c), nor the Seventh Amendment, provides a right to a jury trial on statutory damages. Id. at 292-93 .

On September 29, 1997, the Supreme Court granted Feltner’s petition for writ of certiorari on the question of whether he was entitled to a jury trial on the issue of statutory damages. See Feltner v. Columbia Pictures Television, Inc. , — U.S. -, 118 S.Ct. 30 , 138 L.Ed.2d 1059 (1997). And, on March 31, 1998, the Supreme Court reversed and remanded, ruling that, while § 504(e) is silent on this point, the Seventh Amendment provides a right to a jury trial to determine the amount of statutory damages. Feltner v. Columbia Pictures Television, Inc., — U.S. -, -, 118 S.Ct. 1279, 1282 , 140 L.Ed.2d 438…