Calculating statutory damanges


In Venegas Hernandez v. Sonolux Records, the First Circuit examined the calculation of statutory damages in the Copyright Act and decides how to calculate the number of infringements for purposes of assessing statutory damages available in §504(c):

Under § 504(c) the total number of “awards” of statutory damages that a plaintiff may recover in any given action against a single defendant depends on the number of works that are infringed and the number of individually liable infringers and is unaffected by the number of infringements of those works.

The Disctrict Court has discretion in setting the amount of statutory damages assessed per work and can take into account the number of infringements of each work when calculating the value of damages per work.
(via Copyfight)

Andrew Raff @andrewraff