Business Patent Law, PLLC

Statutory Damages – Copyright Infringement

Copyright Infringement - Statutory Damages

When Are Potential Statutory Damages available?

What the Law Says About Statutory Infringement & Damages

The Basic Parameters for Copyright Infringement Statutory Damages are set forth in 17 United States Code (U.S.C.) 504

17 U.S.C. 504, in part, reads:

(a) In General.—Except as otherwise provided by this title, an infringer of copyright is liable for either—

(1) the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(c) Statutory Damages.—

(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107…

US Supreme Court Ruling: When is Copyright Registration Made?

In the Supreme Court case of Fourth Estate Public Benefit Corp. v Wall-Street.Com, LLC, (2019) the Supreme Court held “…registration . . . has been made” within the meaning of 17 U. S. C. §411(a) not when an application for registration is filed, but when the Registrar has registered a copyright after examining a properly filed application.”

As a practical matter, it may take nine or more months subsequent to the filing of an Application for Copyright Registration before the Registration is granted by the Copyright Office.

Limitations for Statutory Damages

As a general rule, 15 U.S.C. 412 limits the Copyright owner’s statutory damages remedies to an owner having an effective date of registration not later than three months subsequent to first publication or one month after the owner learned of the infringement.

Still Have Questions About Statutory Infringement and/or Damages?

If your enterprise needs legal assistance procuring/managing/enforcing your Patent Applications, Patents, Copyrights or Trademarks/Service Marks, please contact Business Patent Law, PLLC.

Business Patent Law, PLLC provides intellectual property and business counsel for businesses and companies.

If you would like to stay up-to-date with news that impacts your business and intellectual property, sign up for Business Patent Law’s Monthly Mailer™ newsletter.

Exit mobile version