Copyright — Damage— - General Charge is a legal term for the amount of money that a defendant must pay for an infringement of copyright. It is a type of damages that a court may award to a plaintiff who has been injured by a defendant's violation of copyright law. The amount of damages awarded depends on a variety of factors, including the nature and extent of the infringement, the plaintiff's actual losses, and the defendant's profits. Generally, damages are meant to make the plaintiff whole and put them in the same position they would have been in had the infringement not occurred. There are three different types of Copyright — Damage— - General Charge: actual damages, statutory damages, and attorney's fees. Actual damages refer to the amount of money that the plaintiff would have earned if the infringement had not occurred. Statutory damages are a set amount of money that a court may award to a plaintiff in lieu of actual damages. Attorney's fees are the costs that the plaintiff incurred in pursuing their case.
Copyright - Damages - General Charge
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Anyone found liable for civil copyright infringement can be ordered to pay damages, with fines ranging from $750 to $30,000 per work infringed. For ?willful? infringement, a court may award up to $150,000 per work infringed.
Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense.
The copyright owner is entitled to recover the actual damages suffered as a result of the infringement. Actual damages mean the amount of money adequate to compensate the copyright owner for the reduction of the fair market value of the copyrighted work caused by the infringement.
What is copyright infringement? Recording a film in a movie theater. Posting a video on your company's website which features copyrighted words or songs. Using copyrighted images on your company's website. Using a musical group's copyrighted songs on your company's website.
Money damages in a copyright infringement action can include: (1) actual damages, (2) profits of the infringer, or (3) statutory damages. Actual damages are the losses suffered by the copyright owner as a result of the infringement.
Statutory damages are usually between $750 and $30,000 per work, as determined by the court. However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional).
« Back to FAQs What are the different types of copyright? Public Performing Right.Public Performance License.Reproduction Right.Mechanical Licenses.Synchronization License.
Section 504(c) of the Copyright Act covers these damages. For most ordinary types of infringement, statutory damages will fall in a range between $750 and $30,000 per incident of infringement. The judge will determine the amount after considering the seriousness of the infringement and the infringer's ability to pay.