Copyright Infringement: What are my Remedies?
Copyright infringement involves redistributing copyrighted work, usually for the purpose of commercial gain, without the express permission of the copyright owner. In order to bring a copyright infringement claim, the work must be registered with the copyright office.
If the infringement began prior to registration, then damages are limited to actual damages and lost profits. If the infringement began after registration, then the plaintiff can choose to pursue actual damages/lost profits or statutory damages. Attorney's fees are not available if the infringement began prior to registration.
Actual damages are usually determined by the copyright's loss in market value because of the infringement. Lost profit damages are determined by looking at the defendant's gross revenue in relation to his use of the copyrighted work. Statutory damages are determined by federal statute and range between $750 to $30,000 per infringing work.
There is a 3 year statute of limitations on bringing copyright claims.The date begins to run from the time the infringement occurs or when the plaintiff should have reasonably suspected that his work was being reproduced without his permission. To view the copyright infringement federal laws in their entirety, visit Copyright Infringement and Remedies.
If you live in North Florida and have a question about copyright law, please contact Wood, Atter & Wolf, P.A., a Jacksonville, Florida law firm.
