Summary

Westermann Company v. Dispatch Printing Company…

In other words, the court's conception of what is just in the particular case, considering the nature of the copyright, the circumstances of the infringement and the like, is made the measure of the damages to be paid, but with the express qualification that in every case the assessment must be within the prescribed limitations, that is to say, neither more than the maximum nor less than the minimum.
Source: Wikisource

Westermann Company v. Dispatch Printing Company…

The statute itself does not speak of punishment or penalties, but refers entirely to damages suffered by the wrongful act. The person wrongfully performing or representing a dramatic composition is, in the words of the statute, 'liable for damages therefor.' This means all the damages that are the direct result of his wrongful act. The further provision in the statute, that those damages shall be at least a certain sum named in the statute itself, does not change the character of the statute and render it a penal instead of a remedial one.
Source: Wikisource

Westermann Company v. Dispatch Printing Company…

The statute says that the liability thus defined is imposed for infringing 'the copyright in any' copyrighted 'work.' The words are in the singular, not the plural. Each copyright is treated as a distinct entity, and the infringement of it as a distinct wrong to be redressed through the enforcement of this liability. Infringement of several copyrights is not put on the same level with infringement of one. One the contrary, the plain import of the statute is that this liability attaches in respect of each copyright that is infringed.
Source: Wikisource

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