17.32 Copyright-Damages are the damages that may be recovered by a copyright holder in a civil suit for copyright infringement. Under U.S. copyright law, copyright holders are entitled to “actual damages” or “statutory damages” for copyright infringement. Actual damages are compensatory damages, meaning they are intended to compensate the copyright holder for any losses that were suffered due to the infringement. Statutory damages, on the other hand, are awarded by a court at its discretion. Statutory damages can range from $750 to $30,000 per work infringed, and can be up to $150,000 per work infringed if the infringement was willful.
17.32 Copyright-Damages
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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The minimum for statutory damages is $750 per work infringed and the maximum is $30,000 per work infringed. 17 U.S.C. § 504(c)(1). In the case of willful infringement, the statutory maximum for damages is $150,000.
The copyright owner is entitled to recover the actual damages suffered as a result of the infringement. Actual damages mean the amount of money adequate to compensate the copyright owner for the reduction of the fair market value of the copyrighted work caused by the infringement.
Statutory damages are usually between $750 and $30,000 per work, as determined by the court. However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional).
Section 504(c) of the Copyright Act covers these damages. For most ordinary types of infringement, statutory damages will fall in a range between $750 and $30,000 per incident of infringement. The judge will determine the amount after considering the seriousness of the infringement and the infringer's ability to pay.
The three basic elements of copyright: originality, creativity, and fixation. There are three basic elements that a work must possess in order to be protected by copyright in the US: Originality: To get a copyright, a work must be the original work of the author.
Actual damages are the losses suffered by the copyright owner as a result of the infringement. This includes lost sales, lost profits, lost licensing revenue, or any other demonstrable monetary loss resulting from the infringement. While the concept is easy to understand, measuring actual damages can prove difficult.