What is the difference between actual damages and statutory damages awarded for copyright infringement?
statutory damages, as provided by subsection (c). The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.
Are punitive damages available for copyright infringement?
The U.S. Copyright Act does not provide for punitive damages per se to be awarded in cases of copyright infringement; however, in recent years a debate has arisen as to whether punitive damages may be awarded in addition to actual damages and profits under the Copyright Act.
What are the 2 consequences of copyright infringement?
Penalties. Copyright violations can result in significant legal penalties. Copyright violators can be held liable for civil damages, court costs, and attorneys’ fees. Separate criminal fines of up to $250,000 per offense, and even jail time, may also apply.
How do you prove damages for copyright infringement?
For example, a copyright owner could try to establish actual damages by demonstrating that sales of the copyrighted work declined immediately upon infringement by a demonstrable amount. The owner would also have to show that the infringement caused the decline in sales.
What damages are available for copyright infringement?
Statutory damages are specified in the Copyright Act as follows:
- For each copyrighted work infringed upon, $750 to $30,000 per work;
- Increased statutory damages of up to $150,000 per copyrighted work infringed upon if the infringement is found to be willful;
What happens with copyright infringement?
Copyright infringement penalties can be civil and criminal and include: Statutory damages between $750 and $30,000 per piece of work infringed upon. Civil penalties of up to $150,000 per piece if willful infringement is found. Actual copyright infringement damages and profits obtained due to infringing activity.
What does statutory claim mean?
Statutory Claim means any claim/or right of action (whether under statute, common law or otherwise and whether known or unknown at the time of execution of this Agreement) in any jurisdiction in the world, howsoever arising which the Employee has or may have against Scala, Epicor or any Associated Company, its or their …