Statutory damages for copyright infringement
Encyclopedia
Statutory damages for copyright infringement
are available under some countries' copyright laws.
The charges allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work (as opposed to compensation for losses, an account of profits
or damages
per infringing copy). Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits of the infringer.
At least in the United States, the original rationale for statutory damages was that it would often be difficult to establish the number of copies that had been made by an underground pirate business and awards of statutory damages would save rightsholders from having to do so.
, statutory damages are set out in Title 17, Section 504 of the U.S. Code. The basic level of damages is between $750 and $30,000 per work, at the discretion of the court.
Plaintiff
s who can show willful infringement may be entitled to damages up to $150,000 per work. Defendant
s who can show that they were "not aware and had no reason to believe" they were infringing copyright may have the damages reduced to $200 per work.
Under 17 USC 412, statutory damages are only available in the United States for works that were registered
with the Copyright Office
prior to infringement, or within three months of publication.
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
are available under some countries' copyright laws.
The charges allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work (as opposed to compensation for losses, an account of profits
Account of profits
An account of profits is a type of equitable remedy most commonly used in cases of breach of fiduciary duty...
or damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
per infringing copy). Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits of the infringer.
At least in the United States, the original rationale for statutory damages was that it would often be difficult to establish the number of copies that had been made by an underground pirate business and awards of statutory damages would save rightsholders from having to do so.
Statutory Damages in the United States
In the United StatesUnited States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
, statutory damages are set out in Title 17, Section 504 of the U.S. Code. The basic level of damages is between $750 and $30,000 per work, at the discretion of the court.
Plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s who can show willful infringement may be entitled to damages up to $150,000 per work. Defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s who can show that they were "not aware and had no reason to believe" they were infringing copyright may have the damages reduced to $200 per work.
Under 17 USC 412, statutory damages are only available in the United States for works that were registered
Copyright registration
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government...
with the Copyright Office
United States Copyright Office
The United States Copyright Office, a part of the Library of Congress, is the official U.S. government body that maintains records of copyright registration in the United States. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works.The head of...
prior to infringement, or within three months of publication.