Copyright Infringement Remedies

Anyone who violates any of the exclusive rights of the copyright owner, as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.

If the plaintiff is able to demonstrate that a copyright infringement has occurred the plaintiff is entitled to relief, which may take the form of an injunction (see section 502), impounding and disposition of infringing articles (see section 503), attorneys fees (see section 505), actual damages and profits of the infringer (see section 504), or statutory damages (see section 504(c)).

In order to receive either statutory damages or attorneys fees it is necessary to file for federal protection immediately upon creation, but in no event later than three months after publication. (See section 412). This is absolutely critical because it can be enormously difficult to prove actual damages, and in some cases actual damages may not be present. The threat of statutory damages and the fact that attorneys fees are awarded to the prevailing party can and frequently do provide the leverage necessary for the copyright owner to obtain the quick and willing acquiescence of the infringing defendant.

For more information on basic copyright law see Understanding US Copyright Basics.

For more information on copyright infringement see About Copyright Infringement.