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''F. W. Woolworth Co. v. Contemporary Arts, Inc.'' nicknamed ''The Cocker Spaniel Case'', , is a United States Supreme Court case regarding copyright infringement. The Copyright Act of 1909 allows recovery of either the profits of the infringing company or of the damages suffered by the copyright holder as the legal remedies. When the actual damages cannot be determined, statutory damages can be levied instead. At issue, is whether the trial judge can impose statutory damages when the actual profits of the infringer are known. == Copyright infringement == In 1942, an independent artist Elizabeth Philbrik received a copyright for a statuette of a “Cocker-Spaniel in Sitting Position.” In 1943, Contemporary Arts bought all rights to the artwork. Contemporary Arts sold the cocker spaniel statuettes in gift shops and art stores in three different grades: * Red Plaster version: MSRP $4 * Red Porcelain version: $9 * White Porcelain version: $15 In 1949, Woolworth bought nearly identically-designed statuettes from the Sabin Manufacturing company of McKeesport, Pennsylvania through the Lepere Pottery Company of Zanesville, Ohio. No evidence was provided that Woolworth’s knowingly participated in the copyright infringement. Woolworth sold the items for only $1.19. Contemporary Arts provided evidence that the version sold at Woolworth were inferior in quality. Although Woolworth’s attorneys disputed the existence of a copyright violation in the original trial, the appellate court assumed the infringement and focused on the calculation and method for the legal remedy. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「F. W. Woolworth Co. v. Contemporary Arts, Inc.」の詳細全文を読む スポンサード リンク
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