Did the Ninth Circuit err in holding that 17 U.S.C. § 504(c)(1) limits a copyright holder to a single statutory damages award against multiple infringers who are not jointly and severally liable with each other but are joined in an action with a common-source defendant who is secondarily liable for their separate infringements?

QUESTION PRESENTED Section 504(c)(1) of the Copyright Act provides “an award of statutory damages for all infringements involved in the action .. . for which any two or more infringers are liable jointly and severally.” Did the Ninth Circuit err in breaking with its own prior precedent and courts across other circuits in holding that 17 U.S.C. § 504(c)(1) limits a copyright holder to a single statutory damages award against multiple infringers who are not jointly and severally liable with each other but are joined in an action with a common-source defendant who is secondarily liable for their separate infringements?