on the issue of damages were erroneous. Time cross appeals from
the district court's denial of its motion for attorneys' fees and
costs. Having timely elected to receive statutory damages from the
court, Jordan is precluded from appealing any question related to
actual damages. As to Time's cross appeal, because Fed.R.Civ.P. 68
requires a district court to impose costs, we reverse the district
court's order denying Time's motion and remand the matter to the
district court for further proceedings.
Pat Jordan is a professional author who has written over forty
articles for Sports Illustrated magazine ("SI"). In 1971, Jordan
authored an article about a former professional baseball pitcher
named Robert "Bo" Belinsky, which SI published in its March 6,
1972, edition. The article was published pursuant to an agreement
entered between Jordan and SI. Under the terms of the agreement,
Jordan would submit certain articles to SI and SI would have first
rights. Following SI's first publication of the
Belinsky article, Jordan was the registered owner of the existing
copyrights to the article.
In 1993, SI celebrating its 40th anniversary, reprinted the
article without obtaining Jordan's prior consent or offering to
purchase republication rights. Based on SI's allegedly unlawful
republication of Jordan's article, Jordan filed a copyright
infringement suit against Time, the publisher of SI. Pursuant to
Rule 68 of the Federal Rules of Civil Procedure, Time made an offer
to Jordan in the amount of $15,000.00, plus attorneys'
fees and costs, if any. Subsequently, Time increased its offer of
judgment to $20,000.00. Jordan rejected both offers.