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Knowledge Base Article: KB4338 |
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| Topic: FAQ - Music Business Questions & Issues | |||
Title: What type of financial damages can be assessed for statutory copyright infringement in a court of law in the US? |
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| Last Reviewed: Aug 25, 2023 | |||
| Keywords: statutory copyright infringement | |||
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Q. What type of financial damages can be assessed for statutory copyright infringement in a court of law in the US? A. The Copyright Act of 1976 allows for two types of financial damages in copyright infringement cases: statutory damages and actual damages. • Statutory damages are a set amount of money that can be awarded by the court, regardless of the actual losses suffered by the copyright owner. The amount of statutory damages ranges from $750 to $30,000 per work infringed, with the court having discretion to increase the amount to up to $150,000 if the infringement is found to be willful. • Actual damages are the losses suffered by the copyright owner as a result of the infringement. This can include lost profits, lost sales, and damage to the copyright owner's reputation. Actual damages can be difficult to prove, but they can be much higher than statutory damages. The copyright owner can elect to recover either statutory damages or actual damages, but not both. In most cases, copyright owners choose to recover statutory damages because they are easier to prove and the amount of damages is capped. The court will consider a number of factors when determining the amount of statutory damages, including: • The seriousness of the infringement • The infringer's profits • The copyright owner's losses • The infringer's ability to pay • Any other relevant factors If the infringement is found to be willful, the court may increase the amount of statutory damages. Willful infringement occurs when the infringer knew or should have known that their actions were infringing on the copyright. In addition to financial damages, the court may also order the infringer to stop infringing the copyright and to destroy any infringing copies. The court may also award the copyright owner attorneys' fees and costs. Please note that you must register the copyright for your tracks at the US copyright office in order to be eligible for these types of damage awards. You can register your copyrights at the following website: https://www.copyright.gov/registration/ --- |
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