A court may reduce statutory damages to two hundred dollars where the infringer was not aware and had no reason to believe the acts constituted infringement. Copyright notice on the work forecloses the defense.
The defense reduces rather than eliminates liability.
Alternative Names:
Innocent Infringement|Good Faith Infringer
Why it Matters?
Copyright notice on published copies forecloses the defense entirely, which makes notice placement a direct damages control for copyright owners and eliminates the argument for infringers who accessed marked copies. The reduction is discretionary rather than automatic even where the elements are met. The defense does not affect injunctive relief or actual damages, only the statutory minimum.
Frequently Confused with
Related terms
Frequently asked questions
What forecloses the defense?
What does the defense affect?
