Learn Everything There Is For You To Know When It Comes To 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. As for the plaintiff or the person seeking to protect his or her copyrighted work, he or she is given the chance to decide whether to elect statutory damages or actual damages. In most cases, the owner of the copyrighted material will choose statutory damages over actual damages, particularly if they had registered their work with the Library of Congress. If you are wondering why this is so, well, that is due to the fact that the owner may not be able to establish actual damages to his or her copyright, to his or her business, or even to the ill-gotten profits of the infringer in such a manner that the total amount is far greater than what is available under the Copyright Act the, same way statutory damages provide.
In line with this matter at hand, the courts, which is known for being careful regarding these cases, will look into the actual damages you suffered when determining the 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. 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.