United States Sixth Circuit

In a copyright infringement action brought by plaintiffs who owned the copyright to the Ohio Players' song, "Singing in the Morning", against defendants-music publishers who released a Notorious B.I.G. album whose title song contained an unlicensed sample of "Singing in the Morning", a judgment and award pursuant to a jury verdict for plaintiffs is affirmed in part, but reversed in part and remanded where: 1) the jury's award of compensatory damages improperly included compounded interest; 2) it also improperly included prejudgment interest; 3) the jury's selection of the date from which prejudgment interest should be calculated was in conflict with state law; and 4) the jury's $3.5 million punitive damage award was unconstitutionally excessive.

Appellate Information

• Decided 10/17/2007
• Published 10/17/2007

Judges

• Before:  MARTIN and ROGERS, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jay S. Bowen, Bowen Riley Warnock & Jacobson, Nashville, Tennessee, for Appellants.  Richard S. Busch, King & Ballow, Nashville, Tennessee, for Appellees.   ON BRIEF:  Jay S. Bowen, Amy Jo Everhart, Timothy L. Warnock, Bowen Riley Warnock & Jacobson, Nashville, Tennessee, Jonathan D. Davis, Jonathan D. Davis, P.C., New York, New York, for Appellants.  Richard S. Busch, King & Ballow, Nashville, Tennessee, for Appellees.