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17.34 Copyright-Damages-Defendant's Profits

17.34 Copyright-Damages-Defendant's Profits

Name: 17.34 Copyright-Damages-Defendant's Profits
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Category:

Federal - Jury Instructions - 9th Circuit - Civil

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Multi-State

Control #:

US-JURY-9THCIR-17-34

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 17.34 Copyright-Damages-Defendant's Profits is a legal term used to refer to the amount of damages that may be awarded to a copyright holder who successfully brings a copyright infringement lawsuit against a defendant. This type of damages is designed to put the copyright holder in the same financial position had the infringement not occurred. It can include lost profits, the defendant's profits, and other damages. There are two types of 17.34 Copyright-Damages-Defendant's Profits: statutory damages and actual damages. Statutory damages are a predetermined amount set by law to compensate the plaintiff, while actual damages are the actual financial losses suffered by the plaintiff as a result of the infringement.

17.34 Copyright-Damages-Defendant's Profits is a legal term used to refer to the amount of damages that may be awarded to a copyright holder who successfully brings a copyright infringement lawsuit against a defendant. This type of damages is designed to put the copyright holder in the same financial position had the infringement not occurred. It can include lost profits, the defendant's profits, and other damages. There are two types of 17.34 Copyright-Damages-Defendant's Profits: statutory damages and actual damages. Statutory damages are a predetermined amount set by law to compensate the plaintiff, while actual damages are the actual financial losses suffered by the plaintiff as a result of the infringement.

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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).

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.

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.

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.

In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages.

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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§ 504(b)) In addition to actual damages, the copyright owner is entitled to any profits of the defendant attributable to the infringement. You may not include in an award of profits any amount that you took into account in determining actual damages.Damages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly bene-.

17.34 Copyright-Damages-Defendant's Profits

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