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17 U.S.C. § 504(c)(1). The purpose of statutory damages is to permit a wronged plaintiff to recover where there is insufficient proof of actual damages or profits.(b) Actual Damages and Profits. Statutory damages are available in all copyright cases should the plaintiff so desire. In general, statutory damages are compensation awarded to content owners per the number of works infringed. The statute sets out the range of statutory damages. IT DEPENDS. Statutory Damages ; remedy in the ensuing litigation. US law allows a federal district court to grant statutory damages to the copyright owner without the owner proving actual damages. 1820350), finding that mitigation is not a complete defense to an award of statutory damages under the Copyright Act.