How are damages calculated for copyright infringement?
The circuit has noted that “[a]ctual damages are usually determined by the loss in the fair market value of the copyright, measured by the profits lost due to the infringement or by the value of the use of the copyrighted work to the infringer.” Polar Bear Prods., Inc. v.
Timex Corp., 384 F. 3d 700, 708 (9th Cir..
What are the damages for DMCA?
Where the court finds that the infringement was willful, civil statutory damages may be increased to up to $150,000.
Under certain circumstances, violators can also face criminal penalties up to $2,500, and/or imprisonment for up to 10 years (17 U.S.C. 501-511; 18 U.S.C. 2319)..
What are the damages for infringement?
Section 504(c) of the Copyright Act covers these damages.
For most ordinary types of infringement, statutory damages will fall in a range between $750 and $30,000 per incident of infringement.
The judge will determine the amount after considering the seriousness of the infringement and the infringer's ability to pay..
What are the damages for innocent infringement?
When a defendant proves the elements of the innocent infringer defense, the judge may in its discretion reduce any award of statutory damages to as low as $200 per work infringed.
A judge is not required to reduce an award of statutory damages, even if the defendant proves it applies..
What are the statutory damages for copyright violations?
Statutory damages are usually between $750 and $30,000 per work, as determined by the court.
However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional)..
What is copyright infringement 2?
What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner..
What is the damage for innocent copyright infringement?
The statutory damage minimum for innocent infringement is $200..
- In US courts, statutory damages are commonly between $750 and $30,000 per work.
If in the course of the trial, the copyright infringement is found to be intentional then the damages amount may be increased to $150,000 per work. - R.
Anthony Reese* INTRODUCTION.
Innocent or unknowing copyright infringement occurs when someone engages in infringing activity not knowing that her conduct constitutes infringement— perhaps most commonly when she knowingly copies from another's work but reasonably believes that her copying is not infringing. - Where the court finds that the infringement was willful, civil statutory damages may be increased to up to $150,000.
Under certain circumstances, violators can also face criminal penalties up to $2,500, and/or imprisonment for up to 10 years (17 U.S.C. 501-511; 18 U.S.C. 2319).
