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17.33 Copyright-Damages-Actual Damages

17.33 Copyright-Damages-Actual Damages

Name: 17.33 Copyright-Damages-Actual Damages
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Federal - Jury Instructions - 9th Circuit - Civil

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Multi-State

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US-JURY-9THCIR-17-33

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 17.33 Copyright-Damages-Actual Damages is a legal term used to describe a form of legal remedy available to a copyright holder in the event of copyright infringement. The copyright holder is entitled to recover damages equal to the actual amount of the financial loss suffered due to the infringement, as well as any profits made by the infringed. In addition, the court may also award statutory damages to the copyright holder, which are set by the Copyright Act. The two main forms of actual damages are compensatory damages and consequential damages. Compensatory damages are meant to compensate the copyright holder for any financial losses suffered due to the infringement, while consequential damages are intended to cover any additional costs incurred as a result of the infringement.

17.33 Copyright-Damages-Actual Damages is a legal term used to describe a form of legal remedy available to a copyright holder in the event of copyright infringement. The copyright holder is entitled to recover damages equal to the actual amount of the financial loss suffered due to the infringement, as well as any profits made by the infringed. In addition, the court may also award statutory damages to the copyright holder, which are set by the Copyright Act. The two main forms of actual damages are compensatory damages and consequential damages. Compensatory damages are meant to compensate the copyright holder for any financial losses suffered due to the infringement, while consequential damages are intended to cover any additional costs incurred as a result of the infringement.

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The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs.

Caselaw shows that a copyright owner's actual damages may be calculated by showing lost profits or imputing a hypothetical copyright license fee to assess the market value of the copyright. Also, plaintiff's may recover for various indirect damages as a result of 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).

You can register a copyright at any time, but filing promptly may pay off in the long run. ?Timely registration? ? that is, registration within three months of the work's publication date or before any copyright infringement actually begins ? makes it much easier to sue and recover money from an infringer.

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.

Under those guidelines, a prose work may be reproduced in its entirety if it is less than 2500 words in length.

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.

Unlike Actual Damages, which are the losses suffered by the copyright owner as a result of the infringement, Statutory Damages provide copyright holders with an alternative to resolve an infringement case because they can qualify just by proving the infringement took place.

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In addition to actual damages, the copyright owner is entitled to any profits of the defendant attributable to the infringement. Nevada Jury Instruction 12.1 Punitive Damages: Recovery and Measure . Money damages in copyright infringement actions are commonly awarded under three legal theories: actual damages, profits, and statutory damages. Symbol SymbolETF Name ETF NameAsset Class Asset ClassIYWiShares U.S. Technology ETFEquityFTECFidelity MSCI Information Technology Index ETFEquityFDNFirst Trust Dow Jones Internet Index FundEquity Kiribati, 7.

17.33 Copyright-Damages-Actual Damages

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