Factual Information That You Have To Know Of Regarding Copyright Infringement
Based on the Copyright Act, a copyright infringer is liable for the owner’s actual damage as well as any additional profits of the infringer or the statutory damages. When it comes to the person who seek protection for his or her copyrighted work or the plaintiff, he or she will be given the right to choose whether to elect actual damages or statutory damages. Most of the time, the plaintiff or the owner of the copyrighted material will choose statutory damages, especially if they had registered their work with the Library of Congress. If there is one thing that copyright owners wish to achieve, that is to make the most of the copyright case his or her copyrighted material is in, however, the Copyright Act for actual damages will not allow him or her to take more than what is stated, therefore, he or she resort for statutory damages which gives more than what is available.
With that being said, it is vital and essential on your end to note that courts, within the broad discretion they have regarding cases like this, will look at the actual damages suffered by you when determining the kind of statutory damages they should award you with. However, the thing is that there are limitations within the Copyright Act and these limitations control the amount of statutory damages to be given, on a maximum or minimum basis. For a example, if a willful infringement is committed towards a copyright that is registered, this will enable the court to award a statutory damages that goes up to a maximum of one hundred fifty thousand dollars. Conversely, if the plaintiff or the owner of the copyrighted material was not able to sustain the burden of proving willful infringement, the court will have to reduce the award of statutory damages to a bare minimum of two hundred dollars. What usually happens is that when a plaintiff files a complaint against an infringer, the court will award limited statutory damages amounting between seven hundred fifty dollars and thirty thousand dollars for the infringement or his or her work.
Albeit the fact that statutory damages are intended for the creation of incentives for owners to protect their valuable intellectual property, and also, to deter any unauthorized and unlawful use of their copyrighted work, what motivates them the most to go after it is the ability to recover attorney’s fees and recover costs. With all that, one thing is for sure and that is the fact that a federal registration is significant for a copyright, particularly with how owners can get statutory damages, but also, they attorney’s fees and costs are available for grabs as well.
To sum it up, copyright infringement gives protection to any valuable intellectual property from being unlawfully used.