What are the damages for copyright infringement?

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.

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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.

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

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