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What are the consequences of copyright infringement?

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Intellectual Property

3 Answers



  1. on Dec 20, 2010

    A person with a copyright who prevails in a copyright infringement lawsuit is entitled to damages. Damages may either be the plaintiff’s actual damages in addition to the defendant’s profits from infringing, or if the plaintiff prefers, damages allowed by statute.

    There are two types of damages in a copyright infringement lawsuit.

    Actual damages could include profits the plaintiff lost due to the defendant’s copyright infringement.

    Statutory damages are damages permitted under the copyright statute:

    • For innocent infringers, the award of statutory damages will be between $200.00 and $30,000.00 for each copyrighted work that has been infringed upon.
    • For willful infringers, the award of statutory damages will be between $750.00 and $150,000.00 for each copyrighted work that has been infringed upon.
    • If the infringement is determined to be neither innocent nor willful, the award of statutory damages will be between $750.00 and $30,000.00 for each copyrighted work that has been infringed upon.

    Learn more:

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  2. on Jul 22, 2011

    A former business partner is selling a knock-off of products that I sell but I failed to patent. This same individual is using (my) copyrighted and registered ad copy stolen from my website.
    a. What must be done to 1) stop the use and 2) recover damages?
    b. Can damages be recovered for each of the thefts (he’s using stolen ad copy for several items)? And for each of the thefts at each of the websites/affiliates having my material?

    DISCLAIMER: This information may be inaccurate or out of date. You absolutely should consult with your own attorney before acting on any information here. By using this site, you are agreeing to our Terms of Use.

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  3. on Jul 22, 2011

    Dan:

    Here are your answers:

    a. You can start with a cease and desist letter and demand for a settlement payment. See http://www.aaronhall.com/blog/minnesota-cease-desist-letter/. Or you could go straight to a lawsuit, which is more expensive but sometimes more effective because a lawsuit is far more serious than a cease and desist letter.

    b. Yes, courts can and do award damages in lawsuits like this. The question will be whether it is worth the legal fees in light of the potential damage award. For example, it’s obviously not worth spending $20,000 in legal fees to get a damage award for $15,000.

    Aaron Hall, Attorney
    2812 Anthony Lane S, Suite 200
    Minneapolis, MN 55418-3270
    http://www.aaronhall.com/
    http://minnesotabusinessattorney.com/

    DISCLAIMER: This information may be inaccurate or out of date. You absolutely should consult with your own attorney before acting on any information here. By using this site, you are agreeing to our Terms of Use.

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