The US Supreme Court is weighing in on the first RIAA file sharing case to reach its docket, requesting that the music labels’ litigation arm respond to a case testing the so-called “innocent infringer” defense to copyright infringement.
The case pending before the justices concerns a federal appeals court’s February decision ordering a university student to pay the Recording Industry Association of America $27,750—or $750 a track—for file-sharing 37 songs when she was a high school cheerleader. The appeals court decision reversed a Texas federal judge who, after concluding the youngster was an innocent infringer, ordered defendant Whitney Harper to pay $7,400—or $200 per song. That’s an amount well below the standard $750 fine required under the Copyright act.