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Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits of the infringer. At least in the United States, the original rationale for statutory damages was that it would often be difficult to establish the number of copies that had been made by an underground pirate business ...
The district court's ruling of infringement of a song's common law copyright, granting an injunction so that damages could be determined, was interlocutory. The appeal came too late, so the Court vacated the appeal.
There are two types of damages: actual damages and profits, or statutory damages. [91] The copyright owner may recover the profits he or she would have earned absent the infringement (actual damages) and any profits the infringer might have made as a result of the infringement but that are not already considered in calculating actual damages. [91]
The range of allowable statutory damages in civil actions for copyright infringement was established by a previous act as a minimum of $500 per work, and a maximum of either $20,000 or $100,000 per work, depending on whether the infringement was "willful."
After 5 hours of deliberation on June 18, the jury found Thomas-Rasset liable for willful copyright infringement of all the songs in question, and awarded the plaintiffs statutory damages of $1.92 million ($80,000 per song, within the allowed range of $750 to $150,000).
A federal judge decided that Nealy could recover damages only for infringement that happened during the three years before he filed the lawsuit, based on the U.S. statute of limitations for ...
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...