Statutory Damages in Copyright Infringement: What You Need to Know
Introduction
If your copyright has been infringed, one of the first questions you may ask is: “What damages can I recover?” While proving actual damages (like lost revenue or licensing fees) is one option, U.S. copyright law also provides for statutory damages—preset monetary awards that can make copyright litigation worthwhile, even when actual damages are difficult to measure. In this blog, we’ll explain how statutory damages work, when they apply, and why they’re a powerful tool in copyright infringement cases.
What Are Statutory Damages?
Statutory damages are monetary awards set by law under the U.S. Copyright Act. Instead of having to prove specific financial losses, you can recover a set amount per infringed work.
Range for non-willful infringement: $750 – $30,000 per work.
For willful infringement: Up to $150,000 per work.
This means a single lawsuit involving multiple infringed works can quickly result in significant financial exposure for the defendant.
When Are Statutory Damages Available?
You must have a registered copyright to qualify.
The registration must be filed before the infringement began or within 3 months of publication of the work.
If your copyright wasn’t registered in time, you’re limited to actual damages and profits—not statutory damages.
Why Statutory Damages Matter
Easier to Prove: You don’t need detailed financial records or market analysis.
Stronger Deterrent: The potential for six-figure awards makes defendants more likely to settle.
Leverage in Negotiations: Knowing statutory damages are on the table often pushes infringers to resolve disputes quickly.
How Courts Decide Statutory Damage Amounts
Judges consider:
The willfulness of the infringement.
The value of the work to the copyright owner.
The extent of infringement (how widely the work was distributed or sold).
Whether the award will deter future infringement.
Conclusion
Statutory damages can make copyright litigation a powerful enforcement tool, even when proving financial losses is difficult. If your work is registered with the U.S. Copyright Office and someone infringes it, you may be entitled to damages that far exceed your actual losses. At Trestle Law, we help clients leverage statutory damages to protect their creative works and hold infringers accountable.
Contact us today to schedule a consultation and learn whether statutory damages may apply in your case.
Attorney Advertising Notice and Disclaimer
This blog is intended for informational purposes only and does not constitute legal advice. Viewing or relying on this content does not create an attorney-client relationship with Trestle Law APC or its attorneys. Every situation is different, and you should consult with a qualified attorney licensed in your jurisdiction before making legal decisions.
Trestle Law APC is a California law firm. Attorney Kristen Roberts is licensed to practice law in California. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Past results do not guarantee future outcomes.
