How are damages calculated for copyright infringement?
Statutory damages are explained in 17 U.S.C. § 504(c). For infringements that cannot clearly be proven as either innocent or willful, statutory damages may be from $750 to $30,000 per infringement. The exact amount depends on the seriousness of the infringing act and the financial worth of the infringer.
What damages may be awarded when a copyright is infringed upon?
Money damages in a copyright infringement action can include: (1) actual damages, (2) profits of the infringer, or (3) statutory damages. Actual damages are the losses suffered by the copyright owner as a result of the infringement.
What is the standard of proof for a punitive damages award?
Punitive damages may only be awarded if the plaintiff proves by clear and convincing evidence that his or her harm was the result of actual malice. This burden of proof may not be satisfied by proof of any degree of negligence including gross negligence.
How do I file a copyright infringement lawsuit?
There are three ways a complaint made be filed:
- Complainants may contact their local FBI field office, and the complaint will be properly referred.
- A complaint may be filed online at the Internet Crime Complaint Center www.ic3.gov and, again, it will be properly routed.
What are examples of punitive damages?
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
What happens if I get a copyright infringement email?
First, they may send a notice to the internet service provider (ISP) that services the offending individual. Second, they can sue the alleged infringer, and subpoena the ISP for the contact information of the infringer. This will result in the ISP sending the infringer a letter notifying them of same.
Are there punitive damages under the Copyright Act?
Under the Act, a plaintiff may elect either actual damages and profits or statutory damages; statutory damages may be enhanced in cases of willful infringements. The statute is silent with regard to punitive damages but some experts have suggested that the silence does not necessarily mean that punitive damages are completely precluded by the Act.
How are statutory damages determined for copyright infringement?
Statutory damages are explained in 17 U.S.C. § 504 (c). For infringements that cannot clearly be proven as either innocent or willful, statutory damages may be from $750 to $30,000 per infringement. The exact amount depends on the seriousness of the infringing act and the financial worth of the infringer.
What does it mean when someone infringes your copyright?
Copyright infringement is all about using a protected work of an individual without permission and reproducing, displaying, or performing it for your own gain. It doesn’t matter if the act of infringement was done accidentally or not — as long as the damage was done, you will be legally bound to the laws that govern your local copyright laws.
What are the provisions of the Copyright Act?
The Copyright Act 1968 (Cth) (the Act) contains wide ranging provisions for the recovery of damages, which have been used successfully to substantially increase damages awards for copyright infringements.