• Injunction, impounding , actual damages, attorney fees and statutory damages • §1201 violations $200-2,500 per violation. But the registration certificate can also serve as prima facie evidence of “the validity of the copyright and of the facts stated in the certificate”—facts that can have a tremendous impact on an infringement case. However, registration serves a more important purpose in trademark law. This is incorrect. The infringement is allowed under the fair use doctrine 2. Copyright infringement is defined by the United States Copyright Office as such: "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.". For more, see Copyright Law of the United States. For that reason, the Copyright Act provides for a third category, known as statutory damages—that is, specific monetary damages set by law. Third, registration is required if you want to collect up to $150,000 of statutory damages per infringed video and if you want to collect attorneys’ fees. The Public Inspection page may also include documents scheduled for later issues, at the request of the issuing agency. Click here to sign up for our email newsletter and get the week’s top stories delivered straight to you. ANY. The application for copyright registration shall be made on … This prized legal companion is the definitive handbook for artists, writers, musicians, software-designers, photographers, and anyone else who creates, acquires, or exploits copyrights in their business or personal creative activities. This important volume includes exceptions to copyright rules, as well as valuable guidance on how to thoroughly and strategically protect artistic and literary works. S 504 (c) allows a copyright holder to recover as much as $150,000 per infringement, without proof of loss, against infringers. If a work is registered within three months of publication or before the infringement occurs, the owner can If registration is made within three months after first publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees are available to the copyright owner. Validity. Historians and sociologists studying this fascinating period, as well as undergraduate and graduate students who are working on research projects in related fields, will also find this book a stimulating read. The U.S. Copyright Act does not provide for punitive damages per se to be awarded in cases of copyright infringement; however, in recent years a debate has arisen as to whether punitive damages may be awarded in addition to actual damages and profits under the Copyright Act. Consider registering your online work within three months of publication. Statutory Damages. Being able to threaten to seek statutory damages and attorney fees can be a big stick. An author must have a registered copyright in order to file a suit for infringement in federal court. Actual damages and profits are the actual money lost (or potentially lost) by the copyright owner and the money gained by the individual using the work. 17 U.S.C. Note that statutory damages are awarded per infringed work, not per infringement of a work. A frequent question we receive here at Kennedy Law from potential copyright clients is what copyright damages are available for infringement.Under 17 U.S.C. Statutory damages can range from $750 to $30,000 –“as the court considers just” – for each work infringed. • §1202 violations $2,500-$25,000 per violation Statutory damages are not to be regarded as penalties. § 412. Enhanced Damages: Finally, trademark registration allows parties to pursue a higher level of damages in an infringement claim. If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Perhaps most importantly, timely registration allows a copyright holder to elect to recover federally prescribed statutory damages. A copyright owner can recover statutory damages and attorney’s fees only if the work is registered … The Public Inspection page on FederalRegister.gov offers a preview of documents scheduled to appear in the next day's Federal Register issue. She explained that “‘registration . Maintaining this rule even when the infringements are ‘different in kind’ promotes the incentive for early registration that Congress created.” 0. The perfect book for software developers, programmers, publishers and authors, Copyright Your Software explains everything creative folks need to know about software copyright protection. In order to recover two special types of damages in a lawsuit—statutory damages and attorney fees—you must register before the infringement occurs. The work reviews key statutes, regulations, international conventions, and judicial and administrative rulings on copyright issues. These are actual damages, the infringer’s profits, and statutory damages. This book is focused on U.S. copyright laws and requirements. Readers outside the U.S. may find it useful if they intend to register their images in the United States, or post images to websites based in the United States. To be eligible for statutory damages and attorney fees under 17 USC §& 504 and 505 pursuant to 17 USC §412, you must register your creative work within three months from the date of publication. For that reason, Congress sought to create an incentive for registration by denying statutory damages to those who do not timely register their copyright with the copyright office. TIME. The ability to receive statutory damages and attorneys’ fees are other significant reasons to register copyrights early on in the life of a work. § 410 (c). It is also important to note that filing a copyright application is a prerequisite to filing a copyright infringement suit. Actual damages are perhaps the easiest concept to understand, but these damages can be challenging to calculate. Application for copyright registration 10. Takeaway: Your legal remedies in a copyright infringement case include injunction(s), impoundment, compensatory damages and even criminal charges. Copyright law offers protection to both unpublished and published works, and can include musicals, artistic works, movies, song scores, computer software, dramatics works and books. Registration also requires submission of copies of the work to the Library of … One of the greatest advantages of registering a copyright pertains to the ability to recover statutory damages and attorney’s fees in a successful action. See 17 USC 412. A copyright owner may be entitled to statutory damages between $750 and $30,000 per infringement. You must register before you can sue someone for copyright infringement. Photographers can register copyright for unpublished images at any time, but can only pursue statutory damages if the copyright for an unpublished image was registered prior to an infringement. However, section 412 would deny any award of the special or “extraordinary” remedies of statutory damages or attorney’s fees where infringement of copyright in an unpublished work began before registration or where, in the case of a published work, infringement commenced after publication and before registration (unless registration has been made within a grace period of three months after … If you register your copyright within three months of publication or before an infringement occurs, you are entitled to statutory damages and your legal fees in a copyright infringement lawsuit. . Statutory damages don’t need such proof and can be awarded for an amount “the court considers just” up to $150,000 or more in some situations. Actual Damages and Profits vs. Statutory Damages: “Actual damages” are the quantifiable monetary damages suffered by the owner of a copyright as a result of copyright infringement, while “profits” are the quantifiable earnings the copyright infringer accrued as a result of his or her copyright infringement. An immediate benefit of copyright registration is the … Copyright owners are eligible for statutory damages when they register their work with the U.S. Registration provides a public record of ownership. The Supreme Court agreed and there is now an even more compelling reason to register copyrights early. To the extent a disputed musical composition is actually a different musical composition, it is a separate work which requires a separate registration to recover statutory damages. [3] In short, copyright registration is important if one wishes to protect their valued works. 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