Actual damages can be very high, but they must be proved and can also be very low. 4) If you haven't registered your work before the infringement, and the value of the infringement is low, it may be best to seek a settlement before starting a lawsuit.
Statutory damages are capped at $15,000 per infringed work (not per infringement) or $7,500 if the work wasn't timely registered (as described below under “Statutory Damages”). Actual damages are based on the loss or harm caused by the infringement or misrepresentation.
You file your CCB claim by submitting an online claim form. This section provides guidance on filling out the claim form through eCCB. eCCB can be found on the CCB's website. eCCB will guide you through the steps to file your claim, with instructions and helpful information along the way.
7 Steps on How to Handle Copyright Infringement Step 1: Recognize Unauthorized Use. Step 2: Gather Pieces of Evidence. Step 3: Understand Your Rights. Step 4: Take Prompt Action. Step 5: Seek Legal Action. Step 6: Communicate with the Infringer. Step 7: Prevent Future Infringement.
The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.
What Is an Example of Injunctive Relief? Theft of Clients: If a former employee poaches a company's clients, the innocent party may try to stop the former client from causing further damage. Breach of Contract: Injunctive relief is an effective way to stop an offending party from continuing to breach a contract.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...
One remedy is injunctive relief, which restrains the defendant from future copying of the work. A preliminary injunction can be sought early in the case to restrain copying during the lawsuit.