## Facts

- Anne Bryant and Ellen Bernfeld, through their label Gloryvision Ltd., created two themed albums, *Songs for Dogs* and *Songs for Cats*, each containing ten songs.
- The albums were registered with the U.S. Copyright Office; plaintiffs also separately registered at least some underlying songs.
- Plaintiffs entered an agreement authorizing Media Right Productions, Inc. to market the albums for 20% of sales proceeds, but the agreement did not authorize Media Right to reproduce copies; plaintiffs would supply additional copies if needed.
- Media Right provided album copies to Orchard Enterprises, Inc., which made and sold additional physical copies and digital downloads under Orchard’s distribution arrangement with Media Right.
- Plaintiffs sued Media Right, its president Douglas Maxwell, and Orchard for copyright infringement.

## Issues

1. For statutory damages under 17 U.S.C. § 504(c)(1), whether each song on a multi-song album is a separate “work” or whether the album is a single “compilation” work.
2. Whether the district court clearly erred in finding plaintiffs failed to prove willful infringement and that Orchard proved innocent infringement.
3. Whether the district court erred or abused its discretion in setting a low statutory damages award based on the record.
4. Whether the district court abused its discretion in denying attorneys’ fees under 17 U.S.C. § 505.

## Decision

- The Second Circuit affirmed the judgment in full.
- The court held each album was a “compilation” and therefore constituted one “work” for statutory damages, resulting in one award per album per infringer.
- The court upheld the district court’s findings that plaintiffs did not prove willfulness and that Orchard established innocent infringement.
- The court upheld the $2,400 total statutory damages award as within the district court’s discretion.
- The court affirmed the denial of attorneys’ fees.

## Legal Principles

- Under 17 U.S.C. § 504(c)(1), statutory damages are awarded “with respect to any one work,” and all parts of a “compilation” constitute one work for statutory-damages purposes.
- A music album released and registered as a coordinated, themed unit may be treated as a compilation such that statutory damages are calculated per album, not per song.
- The Second Circuit evaluated “work” status by focusing on the form in which the copyright owner issued the material to the public, rather than on whether individual components have independent economic value.
- Willfulness and innocent-infringement determinations are reviewed for clear error; statutory-damages amounts and fee awards under §§ 504(c) and 505 are reviewed for abuse of discretion.

## Conclusion

The Second Circuit treated each themed album as a single compilation “work” under § 504(c)(1), limiting statutory damages to one award per album per infringer, and it affirmed the district court’s findings on mental state, the low damages award, and the denial of attorneys’ fees.


Bryant v. Media Right Prods., Inc., 603 F.3d 135 (2d Cir. 2010)