Copyright — Damage— - Disgorgement of Profits is a type of legal remedy that is available in cases of copyright infringement. It is based on the principle that the infringed should not be allowed to benefit from its illegal activities and the profits they made from the infringement should be returned to the legitimate copyright holder. It can come in two forms: statutory damages and actual damages. Statutory damages are set by law and may not exceed a certain amount, whereas actual damages are determined by the court based on the amount of harm caused to the copyright holder. Disgorgement of profits is a form of equitable relief that requires the infringed to return any profits made from the infringement. It is seen as a more severe form of remedy than damages, and is usually used in cases where it is difficult to determine the amount of actual damages.
Copyright - Damages - Disgorgement of Profits
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As you are aware, in order to constitute a criminal violation, copyright infringement must be performed "willfully and for purposes of commercial advantage or private financial gain." 17 U.S.C.
Disgorgement of Profits. This is an equitable remedy requiring an accounting of Defendant's profits resulting from the infringement of the successful Plaintiff's mark.
Both disgorgement and restitution are equitable remedies for gain-based wrongdoings; however, the elements required to establish entitlement to each remedy are different. One of the primary distinguishing factors between the two is the existence of an identifiable loss to the plaintiff.
Damages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly benefiting from a wrongful act.
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.
Disgorgement is an equitable remedy, not an independent cause of action; In order for a plaintiff to claim disgorgement for the defendant's negligence, the defendant must have caused the plaintiff's damages; and. Only in exceptional circumstances is disgorgement available for a breach of contract.
The purpose of ?lost profits? is to compensate the plaintiff for its losses. In contrast, disgorgement requires a defendant to give up all profits it has made as a result of illegal or wrongful acts, regardless of the actual loss incurred by the plaintiff.
Account of profits is one of the remedies for patent infringement. Once a claimant has successfully proved liability, they can opt to prevent the unjustified enrichment of the defendant. This limits the award for the claimant to the sum of the profits made by the defendant.