WHAT ARE DAMAGES UNDER COPYRIGHT LAW?
There are many different theories of liability that photographers can use when their photographs are stolen. Two common theories of liability photographers use to obtain damages are the Copyright Act of 1976 and the Digital Millennium Copyright Act of 1998. Both theories of liability calculate damages differently.
HOW DOES THE COPYRIGHT ACT CALCULATE DAMAGES?
When a photographer sues a defendant under the Copyright Act of 1976, damages may come in four categories:
- Actual Damages:These damages are based upon the creator’s financial harm as a result of the defendant’s conduct.
- Infringer’s Profits:These damages are based upon the defendant’s financial gain from stealing or infringing upon a creator’s work.
- Statutory Damages:These damages have a prescribed range set by law and allow a photographer to obtain between $750.00 to $30,000.00 per work infringed.Furthermore, that amount may be increased to $150,000.00 per work infringed if the Defendant’s conduct was “willful”.
- Attorney’s Fees and Cost:You may be able to have the costs of litigation as well as your attorney’s fees paid for by the Defendant.
However, the total amount, and to which damages a photographer may be entitled, depend upon the facts of the case.
HOW DOES THE DIGITAL MILLENNIUM COPYRIGHT ACT CALCULATE DAMAGES?
When a photographer sues a defendant under the Digital Millennium Copyright Act of 1998, damages may come in five categories:
- Actual Damages:These damages are based upon the creator’s financial harm as a result of the defendant’s conduct.
- Infringer’s Profits:These damages are based upon the defendant’s financial gain from stealing or infringing upon a creator’s work.
- Statutory Damages For Circumvention Of Copyright Protection Systems:These damages have a prescribed range set by law and allow a photographer to obtain between $200.00 to $2,500.00 per act of circumvention.
- Statutory Damages For Copyright Management Information Violations:These damages have a prescribed range set by law and allow a photographer to obtain between $2,500.00 to $25,000.00 per violation.
- Attorney’s Fees and Cost:You may be able to have the costs of litigation as well as your attorney’s fees paid for by the Defendant.
However, the total amount, and to which damages a photographer may be entitled, depend upon the facts of the case.
Feeling overwhelmed? Not yet ready to call? The links below will help answer some of your questions. Feel free to gain more information and feel more comfortable.
CLICK BELOW FOR ANSWERS TO COMMON QUESTIONS:
The links below provide detailed information to commonly asked questions. Click below:
- What Is The Most Important Thing You Can Do As A Photographer?
- How Do You Stop Someone From Using Your Photograph?
- What Are Damages For Copyright Cases?
- How Long Do You Have To Sue For Copyright Infringement?
- What Is The Difference Between The Digital Millennium Copyright Act And The Copyright Act Of 1976?
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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.