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Copyright Law

: Recording Industry vs The People

Copy of special verdict form in Capitol v. Thomas-Rasset available online

By Ty Rogers and Ray Beckerman

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We've just gotten a copy of the blank special verdict form in Capitol Records v. Thomas-Rasset

Special verdict form

[Ed. note. The form seems to be instructing the jury that each song file, even if it is one of several on the same album, represents a separate infringement. That is not correct, as I recall. Disturbingly, neither the instructions nor the verdict form contains any instruction or inquiry about the effective dates of the copyright registration, or the date the alleged use of Kazaa began, which would be needed in order to establish a right to statutory -- as opposed to compensatory -- damages. See practice tip. The judge just seemed to assume that if there was an infringement, plaintiffs are entitled to statutory damages, regardless of the dates. -R.B.]

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Full post as published by Recording Industry vs The People on June 18, 2009 (boomark / email).