Sampling Without A License Results In Damages – But How Punitive Should They Be?

In a decision that could have few-reaching implications in future copyright infringement cases, the U.S. Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court judgment awarding $370,000 in compensatory damages, $3.5 million in punitive damages and $150,000 in statutory damages, holding that the verdict was "improper to the extent that it included prejudgment and compound interest, included a calculation of interest from an incorrect date, and included unconstitutionally excessive punitive damages." Bridgeport Music, Inc. et al. v. Justin Combs Publishing et al., Case No. 06-6294 (6th Cir., Oct. 17, 2007) (Rogers, J.).

The plaintiffs, Bridgeport Music and Westbound Records, owned the copyright to the Ohio Players’ song "Singing in the Morning." The plaintiffs brought suit for copyright infringement against the music publishers behind the Notorious B.I.G. album Ready to Die, the title song of which contained an unlicensed sample of "Singing in