Factual Information That You Have To Know Of Regarding Copyright Infringement
According to the Copyright Act, the person who commits copyright infringement will be held accountable for statutory damages or for the actual damages of the owner, and any additional profits gained by the infringer. When it comes to the person who seek protection for his or her copyrighted work or the plaintiff, he or she will be given the right to choose whether to elect actual damages or statutory damages. Many a time, owners of copyrighted works will select statutory damages rather than actual damages, most notably those who had their work registered with the Library of Congress. If there is one thing that copyright owners wish to achieve, that is to make the most of the copyright case his or her copyrighted material is in, however, the Copyright Act for actual damages will not allow him or her to take more than what is stated, therefore, he or she resort for statutory damages which gives more than what is available.
Regarding this matter at hand, what courts would often do is that they will look into the actual damages your suffered when assessing the statutory damages they should rightfully award you with. And yet, we want you to know that within the Copyright Act, there are limitations and these limitations are the ones controlling the amount of statutory damages to be given on a maximum or minimum basis. For instance, a willful infringement is committed towards a copyright that is registered, what the court will often do is that they will issue an award amounting to a maximum of one hundred fifty thousand dollars. Meanwhile, when the owner of the copyrighted material or the plaintiff fails to sustain the burden of proving willful infringement, the court will decide to give him or her a reduced statutory damage amounting to a bare minimum of two hundred dollars. Normally, the owner or the plaintiff filing a complaint against an infringer will be limited to statutory damages amounting from seven hundred fifty dollars to thirty thousand dollars for the infringement of his or her work.
Although it has been said that statutory damages are intended for the creation of incentives for owners to protect their valuable intellectual property, and to deter any unlawful and unauthorized use of their copyrighted materials, the one that motivates them the most is the idea of recovering attorney’s fees as well as costs. So to say, time and again, a copyright material must be registered under the federal law because not only the owner will be awarded with statutory damages, but copyright infringement lawsuit will offer attorney’s fees and costs as well.
All in all, copyright infringement is something that will protect your copyrighted work from being lawfully used by other entities.