AbstractFor the sake of argument, not that this is something that you would necessarily do, picture yourself living in the USA, finally getting hold that elusive song you have been wanting for so long - via an unlicensed file sharing service. Your initial feeling of euphoria would rather quickly give way to that of concern since you are now liable for at least 750 USD in ‘regular’ statutory damages for copyright infringement - were the plaintiff copyright holder to elect to recover this statutory minimum amount from you. It would most likely cross your mind that that level of recovery alone by the plaintiff is not entirely compensatory.This article will thus seek to examine problems associated with statutory damages in US copyright law for copyright infringement by file sharing, in particular their punitive character. In order to facilitate a close and comprehensive examination of the issues involved, relevant provisions in US copyright law will be briefly highlighted. This will provide the context for an analysis and application of US Supreme Court jurisprudence relating to punitive damages, which will summarily be followed by a call to action and recommendations in this regard.
