Can you get statutory damages for copyright infringement?

statutory damages, as provided by subsection (c). The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.

How are statutory damages calculated copyright?

Statutory damages are awarded “per work” infringed (i.e., each individual copyrightable work, like a single song, book, or photograph). This means that if five songs, or five photographs, are infringed, the copyright owner would be able to recover a statutory damage for each one, for a total of five awards.

What damages are available for copyright infringement?

Money damages in a copyright infringement action can include: (1) actual damages, (2) profits of the infringer, or (3) statutory damages. Actual damages are the losses suffered by the copyright owner as a result of the infringement.

What is the difference between actual and statutory damages?

In addition, statutory damages differ from compensatory or actual damages, which aim to reimburse one party for a breach or a violation of the law. To receive actual damages, the plaintiff must give proof of lost revenue. The amount a plaintiff receives in statutory damages can be larger than the real financial loss.

Can you sue for copyright infringement without registration?

You Cannot Sue for Copyright Infringement of an Unregistered Copyright. Copyright law is unique. By simply creating something with artistic value, you own a copyright to that artistic work. However, you cannot sue for copyright infringement unless you have registered your copyright.

What is the meaning of statutory damages?

As the name suggests, “statutory damages” are damages whose amount (or range) is set by law, usually without regard to the actual harm suffered by a plaintiff.

Can you sue someone for copyright?

Who Can Sue for Copyright Infringement? The Copyright Act gives the owner of copyright, and any person deriving any right, title or interest from the owner by assignment or grant in writing the right to sue for copyright infringement.

What are statutory damages for trademark infringement?

Courts have a wide range of discretion in setting statutory damages. A court may award $500 to $100,000 per counterfeit mark per type of goods or services. If the infringement is wilful the range ratchets up to $1 million. The full range of statutory damages has already been used.

What is the purpose of statutory damages?

Statutory damages are a type of damages awarded in a successful claim to compensate for an injury or loss, whose amount is pre-established by statute. Statutory damages are commonly used in areas of the law in which it might be complex to establish the degree of harm or loss caused to the plaintiff.

What are statutory claims?

Statutory Claims means: any claim for or relating to unfair dismissal, a statutory redundancy payment, equal pay, sex, race disability, or sexual orientation discrimination, or discrimination on the grounds of religion or belief, working time, unauthorized deduction from wages, unlawful detriment on health and safety …

Do copyrights have to be registered?

Do I have to register with your office to be protected? No. In general, registration is voluntary. Copyright exists from the moment the work is created.

What is the punishment for copyright?

The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works.

How are damages assessed for copyright infringement?

– actual damages – profits, and – statutory damages.

What are statutory damages?

Statutory damages refer to a very specific type of damages that are issued in some breach of contract lawsuits. These damages are based on the requirements and guidelines that are listed in state statutes, which vary by state.

What are the laws about copyright?

U.S. copyright law provides copyright owners with the following exclusive rights: Reproduce the work in copies or phonorecords. Prepare derivative works based upon the work. Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.