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What are the damages for copyright infringement?

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With copyright infringement suits, a preliminary injunction may be levied against the defendant in the case after copyright infringement liability is established. If the plaintiff is successful in proving copyright infringement, a possible remedy is to then expand the preliminary injunction into a permanent one. However, an unsuccessful attempt at proving copyright infringement could mean the plaintiff is now responsible for paying damages to the defendant to cover their mistake of forcing a preliminary injunction.

Another possible remedy for copyright infringement is a monetary award, based mostly on complicated, fact-based damage calculations. Since actual damages are rather difficult to accurately prove, statutory damages are offered as an alternative monetary remedy. The base amount of statutory damages ranges from a minimum award of $750 to a maximum of $30,000 per work, as determined by the ruling court. Certain situations do arise that allow statutory damages do range outside those amounts, such as willful infringement cases which allow for a maximum award of $150,000. Also, if a defendant can successful prove that they were unknowingly infringing on a registered copyright, statutory damage awards can be lessened to $200.

For more information on intellectual property, please visit Patent, Trademark, Copyright Information.

The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

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Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100
Atlanta, GA 30339
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Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100 - Atlanta, Georgia 30339