Essential Facts Regarding Copyright Infringement That You Should Be Aware Of
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. Most of the time, the plaintiff or the owner of the copyrighted material will choose statutory damages, especially if they had registered their work 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.
With that being said, it is vital and essential on your end to note that courts, within the broad discretion they have regarding cases like this, will look at the actual damages suffered by you when determining the kind of statutory damages they should 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 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. 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.
Albeit the fact that statutory damages are intended for the creation of incentives for owners to protect their valuable intellectual property, and also, to deter any unauthorized and unlawful use of their copyrighted work, what motivates them the most to go after it is the ability to recover attorney’s fees and recover 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.
With that being said, you have to make sure that your intellectual property right is protected by registering it under the federal law.