17.37 Copyright-Damages-Willful Infringement
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FAQ
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.
If you are found to be using an unlicensed image on your website or in print, copyright law allows the owner to sue for monetary damages, possibly including astronomical statutory damages (if the work was registered with the U.S. Copyright Office within the appropriate statutory time frame).
The statutory damage maximum for willful infringement is $150,000. 17 U.S.C. § 504(c)(2). Since at least 2008, the Ninth Circuit has recognized that ?a finding of 'willfulness' can be based on either 'intentional' behavior, or merely 'reckless' behavior.? In re Barboza, 545 F.
A copyright owner can only recover damages in excess of $30,000 per infringed work if the infringement was "willful." 17 U.S.C. § 504(c).
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.
Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense. Copyright infringement can also result in civil judgments.
It is up to the owner of the intellectual property to police it, and they are the only ones that can recover damages for the infringement. so if you are thinking that there is some central agency that will pay you to report infringement or that courts will reward you, then no.
In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
