South Dakota
How Feltner v. Columbia Pictures Television, Inc. applies in South Dakota: state-specific rules, key cases, and bar exam notes for Copyright; Civil Procedure (Seventh Amendment/Jury Trial).
In South Dakota, the principles established in Feltner, particularly regarding the right to a jury trial in copyright infringement cases, are recognized but operate within the confines of state procedural rules. The Seventh Amendment principles and interpretations influence how copyright issues are litigated in state courts.
Under South Dakota law, parties have the right to a jury trial in civil cases, including copyright claims, as outlined in SDCL § 15-6-38, which reflects the federal standard for jury trials.
The court affirmed the right to a jury trial in civil cases involving both statutory and common law claims.
The court recognized that statutory damages in copyright cases must be determined by a jury when pled in the complaint.
Affirmed a jury's role in determining damages in breach of contract, comparable to the jury's role in copyright disputes.
South Dakota's application of the right to a jury trial in copyright cases generally aligns with federal standards established in Feltner. However, state procedural practices, such as specific jury instructions and damage assessments, can differ slightly due to local rules.
Feltner's principles regarding jury trial rights in copyright cases may be relevant for the South Dakota bar exam, particularly within civil procedure and intellectual property sections.