Herzog Crebs LLP
Contact Menu
View Our Practice Areas

If A Copyright Is Violated, What Remedies Exist?

In the face of infringement, a copyright holder typically wants to bring an end to the infringement. The copyright holder may want damages as well. Under the Copyright Act, (17 U.S.C. §§502-504), they may be entitled to either or both of those remedies.

The Copyright Act provides that a Federal Court may "grant temporary and final injunctions on such terms as it may it deem reasonable to prevent or restrain infringement of a copyright." (17 U.S.C. §502.) For example, a court may order a bar owner to stop broadcasting unlicensed music. The Court may enter an Order requiring that the infringing articles (assuming they are tangible) be impounded or destroyed. (17 U.S.C. §503.)

If the copyright holder has suffered damage as a result of the infringement, the Court may award the copyright owner their actual damages as well as additional profits of the infringer. (17 U.S.C. §504) If the infringement began after registration, the Court may award statutory damages of not less than $750 or more than $30,000, which can be increased to a sum of not more than $150,000 if there is a finding that the infringement was committed willfully. If not entitled to statutory damages, a copyright owner may recover his or her actual damages. Those damages are typically shown by a showing of damage to the copyright, which may be established by showing the value of the work, a reasonable license fee for the use of the work, or in some instances the cost savings realized by the infringer. In addition, under certain circumstances a copyright owner may be able to recover a portion of the infringer's profits earned as a result of the infringement.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Situation Contact Our Attorneys

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Herzog Crebs Attorneys at law

St. Louis (MO) Office
100 North Broadway
14th Floor
St Louis, MO 63102

Toll Free: 800-340-2913
Phone: 314-231-6700
Fax: 314-231-4656
St Louis Law Office Map

St. Clair County (IL) Office
5111 West Main Street
Belleville, IL 62226

Toll Free: 800-340-2913
Phone: 618-235-7656
Fax: 314-231-4656
Belleville Law Office Map

Madison County (IL) Office
103 West Vandalia Street
Suite 210
Edwardsville, IL 62025

Toll Free: 800-340-2913
Phone: 618-307-4320
Fax: 314-231-4656
Edwardsville Law Office Map