Sentences with phrase «statutory damages proved»
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.
http://legalblogwatch.typepad.com/ Not exact matches
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.
Statutory damages means that it won't be necessary to prove actual damages.
The Studios then would be relegated to statutory damages for proven instances of infringement.
Sheffner provided two justifications for statutory damages in copyright cases: 1) to give copyright owners relief for their injuries in cases where the court would have difficulty proving damages and 2) to punish the infringer (s) and discourage others from future violations.
The plaintiff must prove the damage results from action taken under a statutory authority and from the construction and not the use of the works.
In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $ 200.
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $ 150,000.
Even if CRIA were able to convince a Court to order an ISP to divulge the identity of the alleged file - sharer, and even if CRIA could prove to a Court that the defendant's conduct in uploading or downloading the recordings in question was not within the private copying exemption, the total statutory damages that could be awarded to CRIA, if not grossly out of proportion to the damage suffered, could not exceed $ 20,000 per recording, for a total of $ 480,000 (Can.).
If the copyright owner can prove that the infringement was committed willfully, the court has discretion to increase the statutory damage award to up to $ 150,000.