Chapter Three
Liability for Infringement
Remedies and Damages (Section 504)
3.1. Section 504
Damages
- Actual damages and profits, or
- Statutory damages
- $750 to $30,000 per infringement
- $150,000 for willful infringement
- $200 for innocent infringer
- Remission of damages
- Employee or agent of a nonprofit educational institution, library, or archives
- Acting within scope of employment
- Reasonable belief the use was fair
Remedies and damages for infringement are governed by section 504 of the Copyright Act. In a nutshell, a copyright owner may seek actual or statutory damages, and also try to prohibit the infringing activity.
Actual damages are measured by what was lost as a result of the infringement. Statutory damages can range from $750 to $30,000 per infringing event, and usually will exceed actual damages. If the infringement was willful—if the defendant engaged in the infringing activity knowing that his or her conduct was infringing, or recklessly disregarded the copyright owner’s rights—statutory damages can be as much as $150,000 per infringing act.
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