17.37 Copyright-Damages-Willful Infringement

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-17-37
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 17.37 Copyright Damages-Willful Infringement is a type of legal damages that can be enforced when someone willfully infringes another's copyright. This type of infringement involves a knowing and direct violation of copyright laws, with the intent of profiting from the violation. Examples of willful infringement include illegally downloading copyrighted material, reproducing copyrighted material without permission, or distributing copyrighted material without permission. The plaintiff, who is the copyright holder, can seek damages for willful infringement in a court of law. The damages awarded may include actual damages, statutory damages, and/or attorney's fees. Actual damages are often hard to prove and may be difficult to recover, so statutory damages are often sought. Statutory damages can range from $750 to $30,000 per infringed work, and up to $150,000 per work if the infringement was done willfully. There are two types of willful infringement: direct infringement and contributory infringement. Direct infringement occurs when an individual directly violates copyright laws, such as illegally downloading, reproducing, or distributing copyrighted material. Contributory infringement occurs when an individual or business aids and abets another in the infringement of a copyright. In these cases, the defendant may be liable for the violations of the other party. No matter the type of copyright infringement, it is important to remember that copyright laws exist to protect the rights of the copyright holder, and any violation of these rights can result in serious consequences.

17.37 Copyright Damages-Willful Infringement is a type of legal damages that can be enforced when someone willfully infringes another's copyright. This type of infringement involves a knowing and direct violation of copyright laws, with the intent of profiting from the violation. Examples of willful infringement include illegally downloading copyrighted material, reproducing copyrighted material without permission, or distributing copyrighted material without permission. The plaintiff, who is the copyright holder, can seek damages for willful infringement in a court of law. The damages awarded may include actual damages, statutory damages, and/or attorney's fees. Actual damages are often hard to prove and may be difficult to recover, so statutory damages are often sought. Statutory damages can range from $750 to $30,000 per infringed work, and up to $150,000 per work if the infringement was done willfully. There are two types of willful infringement: direct infringement and contributory infringement. Direct infringement occurs when an individual directly violates copyright laws, such as illegally downloading, reproducing, or distributing copyrighted material. Contributory infringement occurs when an individual or business aids and abets another in the infringement of a copyright. In these cases, the defendant may be liable for the violations of the other party. No matter the type of copyright infringement, it is important to remember that copyright laws exist to protect the rights of the copyright holder, and any violation of these rights can result in serious consequences.