How much can I recover for copyright infringement?

Under 17 U.S.C. §504 you may elect either (a) actual damages plus the infringer's profits, or (b) statutory damages from $750 to $30,000 per infringed work, up to $150,000 per work if the infringement was willful, or as low as $200 if innocent.

Do I need to register my copyright first?

Yes, for statutory damages and attorney's fees, the work must be registered with the U.S. Copyright Office before the infringement begins (or within 3 months of first publication). Registration is inexpensive and worth doing before you sue.

What is a DMCA §1202 claim?

17 U.S.C. §1202 penalizes anyone who removes or alters your copyright management information (CMI), bylines, watermarks, metadata, with damages from $2,500 to $25,000 per act, on top of any §504 recovery.

Can I recover attorney's fees?

Yes, under 17 U.S.C. §505 the court may award full costs and reasonable attorney's fees to the prevailing party. Registered works before infringement is the gate.

What if the infringer is overseas?

You can still recover if they distributed the infringing work into the U.S. or profited from U.S. viewers. Enforcement requires either a U.S. presence, U.S. assets, or a WIPO takedown. A cease and desist letter often ends the matter without litigation.

Free interactive tool

Copyright Infringement Damages Calculator

Answer 9 questions. We'll estimate your recovery under 17 U.S.C. §504, statutory damages, actual damages plus profits, DMCA §1202, and §505 attorney's fees.

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