Factual Information That You Have To Know Of Regarding Copyright Infringement
Talking about the Copyright Act, this law held individuals who commit copyright infringement accountable for the actual damages suffered by the owner, and also, the additional profits gained by the infringer or the statutory damages. The plaintiff or the person seeking protection for his or her copyrighted work has the option of either electing actual damages or statutory damages against the infringer. 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. The reason for this is quite simple: the owner of the copyrighted material wants to take a much greater amount available his copyright, his business, or even the ill-gotten profits of the infringer, but this is not possible with the Copyright act for actual damages, but statutory damages can make this possible.
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. But then again, there are limitations when it comes to the Copyright Act and this control the amount of statutory damages given to a copyright owner on a minimum or maximum basis. For a example, if a willful infringement is committed towards a copyright that is registered, this will enable the court to award a statutory damages that goes up to a maximum of one hundred fifty thousand dollars. Conversely, if the plaintiff or the owner of the copyrighted material was not able to sustain the burden of proving willful infringement, the court will have to reduce the award of statutory damages to a bare minimum of two hundred dollars. On a standard basis, the plaintiff or owner who pursues an infringer will be given a limited statutory damage amounting between 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. With all that, one thing is for sure and that is the fact that a federal registration is significant for a copyright, particularly with how owners can get statutory damages, but also, they attorney’s fees and costs are available for grabs as well.
With that being said, you have to make sure that your intellectual property right is protected by registering it under the federal law.