What Damages Can I Seek in a Copyright Lawsuit?

Through a copyright infringement claim, you can seek a number of different remedies, including financial compensation for your damages. This raises an important question: What types of damages can be recovered in a copyright infringement claim? In Florida, a company may potentially be able to recover for actual losses, the infringer’s profits, and/or statutory damages. Here, our Florida copyright lawyer provides an overview of the damages that you can seek in a copyright infringement claim.

You Can Seek Compensation for Actual Losses Caused By Copyright Infringement

Actual losses are generally the foundation of copyright damages. Under 17 U.S.C. § 504(b), a copyright owner may recover the actual damages caused by an infringement. Actual damages are intended to compensate the owner for the economic loss attributable to the unauthorized use. Depending on the circumstances, recoverable losses may include lost sales, lost licensing opportunities, or a reduction in the market value of the copyrighted work.

Illicit Profits Made By the Copyright Infringer 

A copyright owner may also seek profits that the infringer earned because of the infringement, provided those profits were not already accounted for as part of the owner’s actual damages. Section 504(b) creates an important burden-shifting framework. The copyright owner initially must establish the infringer’s gross revenue connected to the infringing activity. The infringer then bears the burden of proving deductible expenses and demonstrating what portion of the profits resulted from factors other than the copyrighted work. A challenge with recovering compensation for the infringers’ illicit profits is proving the profits and their link to the copyright violation. 

Statutory Damages May Be Available for Copyright Infringement

Finally, statutory damages could be an option in some cases. Instead of recovering actual damages and infringer profits, an eligible copyright owner may elect statutory damages under 17 U.S.C. § 504(c) at any time before final judgment. Generally, statutory damages range from $750 to $30,000 per infringed work, as the court considers just. If the copyright owner proves willful infringement, the court may increase the award to as much as $150,000 per work. That could be a very strong remedy for copyright infringement victims in Florida.

Registration Can Determine Which Damages are Available

The timing of copyright registration can significantly affect the remedies available in litigation. Under federal copyright law, statutory damages and attorney’s fees generally are unavailable when infringement of an unpublished work began before registration. For published works, those remedies generally are unavailable when infringement commenced after publication but before registration unless registration occurred within three months after first publication.

Contact Our Florida Copyright Infringement Lawyer Today

At Perkins Law — Brand Protection, our Florida copyright infringement attorney has the experience that businesses and entrepreneurs can count on. If you have any questions or concerns about copyright infringement, we are here to help. Contact us today to set up a fully confidential consultation. Our firm handles copyright infringement cases throughout South Florida.