Hugo Black

“ Reliance for awarding $5,000 against Woolworth is naturally placed on that provision of § 101 (b) which provides for damages not in excess of $5,000 'in lieu of actual damages and profits'. But this Court has said that the purpose of this section was to recompense for injury done 'where the rules of law render difficult or impossible proof of damages or discovery of profits.' Douglas v. ”

“ We would adhere to this view and limit this recovery to profits made by Woolworth. This Court should heed the admonition given in the Sheldon case to remember that the object of § 101 (b) is not to inflict punishment but to award an injured copyright owner that which in fairness is his 'and nothing beyond this.' Sheldon v. Metro-Goldwyn Pictures Corp., 309 U.S. at page 399, 60 S.Ct. at page 684.
The following circumstances bear on the question of unfairness of the amount of damages awarded. ”