The federal government regulates the nation’s copyright laws. The idea behind these laws is that those who prepare literary and other creative works subject to copyrights should
Those who feel that someone has infringed on their copyrights may pursue compensation for their damages. They have a couple of options in this respect.
A Florida resident may elect to collect between $750 and $30,000 at any point before the court enters a judgment. The person can collect this award against any one person who infringes a copyright. This award applies per infringement and per copyrighted work.
In some cases, courts must award these statutory damages. A common example would be where a not-for-profit organization, like a public school or a library, honestly and reasonably thought that their use of a copyrighted work was allowed as fair use.
However, in other cases, such as where a person willfully infringed a copyright, the court may choose to increase the statutory damages from the $30,000 cap to up to $150,000.
Actual damages—lost profits
In many cases, it may be better for the holder of a copyright to try to prove their actual damages because of an infringement.
While up front this may take a bit more legwork, asking for actual damages can pay off in the form of much higher compensation than the statutory damages provided for under the law.
For instance, a copyright holder can recover profits he or she lost on account of the wrong-doer’s actions. The burden of proof in this respect is fairly soft; all the copyright holder has to do is show evidence of the infringer’s income.
The infringer can deduct expenses from its income figures, but the infringer must first document those expenses. It is also on the infringer to show what, if any, of its profits are not connected to the infringement.
Under certain circumstances, double compensation may be available. Likewise, actual damages may in some cases exceed the profit which the infringer siphoned from the copyright holder.
Measuring damages in copyright cases is a complicated affair. Moreover, to get damages, a Naples resident will also have to prove a violation of the law in the first place.