A copyright owner may elect statutory damages in lieu of actual damages and profits, at any time before final judgment. Awards are per work infringed rather than per act of infringement.
Innocent infringement may reduce the minimum to two hundred dollars.
Alternative Names:
Copyright Statutory Damages|Section 504(c) Damages
Why it Matters?
Per work rather than per infringement is the limiting principle, and compilations count as a single work in most circumstances, which caps exposure substantially where many images or tracks were registered as a collection. Identifying how the works were registered is accordingly the first damages analysis. Timely registration is a prerequisite, so infringement predating registration supports only actual damages.
Frequently Confused with
Related terms
Frequently asked questions
What is the limiting principle?
What is the first damages analysis?
