Sentences with phrase «statutory damages»
"Statutory damages" refers to a specific amount of money that can be awarded by a court, as determined by the law, in cases where the actual amount of harm or loss in a particular situation is difficult to measure. Essentially, it means that there is a predetermined sum that can be awarded as compensation for certain violations, regardless of the exact harm caused. Full definition
Part of the problem is the current law only allows for statutory damages of $ 1,000 per violation.
debthelp.com
The debt collector may just be liable to you for statutory damages of up to $ 1,000, plus any actual damages suffered, plus attorney fees.
, is interesting mainly for the amount of statutory damages awarded.
Knowing the applicable statutory damage caps in a given state jurisdiction is essential to formulate a viable and strong medical malpractice claims case.
That is the range of statutory damages allowed under federal law for copyright infringement.
I'd like to see the minimum statutory damages increase from $ 1,000 to a mandatory $ 5,000 for successful actions to enforce liability.
If you're facing a breach of contract covered by statutory damages laws, speaking to an experienced attorney is your best course of action.
We are also well - versed with state and federal laws governing intellectual property, and will aggressively seek all remedies available under appropriate statutes, including statutory damages.
A court has wide discretion in awarding damages for infringement, with statutory damages ranging from $ 750 to $ 30,000 per work.
For example, ordinary copyright infringement can incur statutory damages of $ 750 to $ 30,000 per work.
The same statutory damages apply if your volunteer screening program is not compliant.
The burden of proof is on you, but if the judge rules in your favor, you can be awarded $ 1,000 in statutory damages plus attorney's fees.
The states that are not a party to the list above do not have statutory damage caps in place as of 2016.
He contends that the copyright law's statutory damages provision is unconstitutional in that it authorizes damages that are grossly in excess of any actual damages to the copyright holder.
The AG, Maura Healey, is asking for statutory damages under Massachusetts consumer and data security law on behalf of every state resident whose private information was exposed when hackers broke into Equifax's systems — regardless of whether the breach actually injured any consumers.
The main reason to update the notice is that giving a copyright notice is one factor necessary to obtain special remedies such as statutory damages and attorneys fees, rather than merely compensatory economic damages.
Mistrale Goudreau and Joao Velloso have written an interesting article on statutory damages in the recently published book Intellectual Property Law for the 21st Century: Interdisciplinary Approaches.
The decision, in Loveridge v Mayor and Burgesses of the London Borough of Lambeth [2014] UKSC 65, means substantial statutory damages can be awarded against local authorities for unlawful eviction.
You would be liable for the actual damages (e.g. the cost of a copy, or however many copies were improperly obtained), and for statutory damages which the court can reduce to $ 200.
If the copyright was registered prior to the first unauthorized copying or within 3 months of first publication of the copyrighted work, the copyright owner may instead elect, any time before final judgment is rendered, to recover statutory damages between $ 750 and $ 30,000, as determined by the court.
Maria Pallante, the Register of Copyright, has indicated that while statutory damages «have long been an important part of copyright law to ensure that copyright owners are compensated for infringement,... where actual damages are unworkable,» there may be «plenty to do on the edges» to harmonize damages awards against individuals.
If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.
But, other consumer protection laws make false statements actionable, even if there is no reliance upon the statement or harm caused, in which case statutory damages might be recoverable.
Such statutory damages can be between $ 500 and $ 20,000 per infringed work, and are in addition to any punitive damages that a Court may decide to award.
Statutory damages means that it won't be necessary to prove actual damages.
If the class could not demonstrate that it had suffered measurable damages (and the manufacturer pointed out that Marlboros and Marlboro Lights were always the same price), then statutory damages of $ 25 would be appropriate.
If you've been harmed due to a breach of contract covered by statutory damages law, contact us online or call us at (800) 294-0055.
it enables you to claim statutory damages and attorney fees if you register the work within three months after publication or before infringement occurs
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Copyright law's allocation of statutory damages proved harsh in this case, with the jury deciding to award $ 9,250 per song, when it could have gone as low as $ 750.
Therefore, the courts in Thomas - Rasset and Tenenbaum appropriately used statutory damages to calculate plaintiffs» awards.
Or it can get statutory damages.
Statutory damages penalize defendants for every violation.
There's also going to be a fight over statutory damages, Meal said.
Registration is required for you to file legal action for infringement, adds statutory damages and attorney's fees as potential remedies if your work was registered before the infringement (generally), and helps prove that your copyright is valid.
Further, if you register your work before the infringement takes place (or no later than three months after first publication and the infringement takes place after publication), you may choose to collect statutory damages instead of actual damages, and you may recover your attorney's fees.
In a release, representatives said Re: Create will focus on «engaging and informing lawmakers» on the importance of things like fair use, safe harbors, curbing statutory damages, and the need to counter «abusive» copyright enforcement practices.
The FDCPA prohibits abusive or coercive behavior in pursuit of a debt and awards consumers statutory damages of $ 1,000 for each violation of its code of conduct.
Whether there will be some limit to statutory damage enforcement will be an interesting element of the Facebook case — though the defendant hasn't anywhere near the resources to pay the full amount anyway, apparently.
William Abbott, assistant general counsel and privacy ombudsman with Bell Canada, suggested the CRTC should consider a delay or suspension of statutory damages until after the statutory review of CASL in July.
If you have a contract with the Federal government, are a provider entitled to Medicare or Medicaid payments, or have any other relationship which is covered under the Prompt Payment Act or other statutory damages laws, you may be entitled to damages when the other party fails to live up to the contract.
At statutory damages of $ 500 to $ 1,500 per violation, defendants sued for TCPA violations often face exposure in excess of $ 1 billion.
The court awarded Nintendo $ 60,000 in statutory damages pursuant to s. 38.1 of the act for Go Cyber's copyright infringement of the header data works.
The mammoth statutory damages award, coupled with the levy of punitive damages, sends a strong signal that Canadian courts are willing to protect and enforce owners» rights and punish those who take steps to circumvent these protective measures.
These are as follows: T -117-17 Blacklock's v. Attorney General of Canada re Health Canada for $ 90,100.55 + punitive damages of $ 25,000; T -132-17 Blacklock's v. Attorney General of Canada re Employment and Social Development Canada (EDSC) for Statutory Damages + punitive damages of $ 20,000; T -133-17 Blacklock's v. Attorney General of Canada re Transport Canada for $ 85,228.50 + punitive damages of $ 10,000; T -134-17 Blacklock's v. FINTRAC for $ 11,470 + punitive damages of $ 5,000...