Under the Copyright Act of 1976 (hereinafter Copyright Act), “an infringer of copyright is liable for either:

(1) the copyright owner’s actual damages and any additional profits of the infringer; or

(2) statutory damages.” 17 U.S.C. §504(a).

Statutory Damages Defined

Statutory damages are damages that may be awarded in civil law and are stipulated in a statute of the law rather than being measured by the degree of harm to the plaintiff. Statutory damages may be utilized to deter future unlawful behavior. As mentioned in Actual Damages Under Copyright Law, unlike statutory damages, actual damages are damages suffered by someone that can be precisely measured as a result of another’s wrongdoing. (citing [link:] [http://www.lectlaw.com/def/d003.htm]]).

Why Statutory Damages Are Important Under Copyright Law

Statutory damages are important under copyright law for an obvious reason—sometimes it is very difficult or almost impossible to actually measure damages of infringement. For example, if a song or a movie has been leaked prior to its scheduled release date, how can one determine the damages suffered when the damages are merely forecasted? How can one measure precisely what amount is going to deter future infringers? Well, when seeking statutory damages, no evidence must be presented to prove any actual injury, which may expedite the legal process.

Registration

According to 17 U.S.C. §412, “no award of statutory damages . . . shall be made for—

(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or

(2) any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work.”

Who Determines What Statutory Damages Will be Awarded?

Prior to 1998, a judge solely determined statutory damages. However, in the United States Supreme Court case of Feltner v. Columbia Pictures Television, Inc., the court held that the Seventh Amendment provides a right to a jury trial on all issues relevant to an award of statutory damages in copyright infringement actions, including the determination of the amount of damages itself. 523 U.S. 340, 341 (1998).

How to Determine Statutory Damages

“In determining an award of statutory damages within the applicable limits set by the [Copyright] Act, a court may consider ‘the expenses saved and profits reaped by the defendants in connection with the infringements, the revenues lost by the plaintiffs as a result of the defendant’s conduct, and the infringers’ state of mind—whether wilful, knowing, or merely innocent.’” N.A.S. Import. Corp. v. Chenson Enters., Inc., 968 F.2d 250, 252 (2d. Cir. 1992) (citing 3 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 14.04[B], at 14–41 (1991)). Moreover, the court has determined that willful infringement exists, for the purpose of awarding enhanced statutory damages, if the defendant “‘had knowledge that its actions constitute an infringement.’” N.A.S. Import, 968 F.2d at 252 (quoting Fitzgerald Publishing Co. v. Baylor Publishing Co., 807 F.2d 1110, 1115 (2d Cir.1986)).

For more information about statutory damages awarded in copyright infringement matters, contact Revision Legal’s copyright attorneys through the form on this page or call (855) 473-8474.

The Dollar Ranges Under 17 U.S.C. Section 504(c)

Section 504(c) establishes specific dollar ranges that courts and juries must work within. For non-willful infringement, the statute permits awards between $750 and $30,000 per work infringed. The $750 floor ensures infringers cannot escape liability simply by making infringement economically trivial for any individual plaintiff. Courts routinely award amounts above the minimum when the infringer profited from unauthorized use, distributed works widely, or ignored takedown notices after receiving them.

Willful Infringement: Up to $150,000 Per Work

When a copyright owner proves willful infringement — meaning the defendant knew its conduct constituted infringement or acted with reckless disregard for the copyright owner’s rights — the statutory maximum jumps to $150,000 per work. Courts have found willfulness where a defendant continued copying after receiving a cease-and-desist letter, where internal communications acknowledged unauthorized use, or where the defendant stripped copyright management information under 17 U.S.C. Section 1202. The elevated ceiling reflects Congress’s judgment that deliberate infringement warrants punitive-level deterrence beyond simple compensation.

Innocent Infringement: The $200 Floor

At the other end of the spectrum, a defendant who proves innocent infringement — meaning the defendant was unaware and had no reason to believe its acts constituted infringement — may have the award reduced to as little as $200 per work. This defense is most commonly raised by small businesses that licensed content through stock-photo aggregators or by individuals who genuinely believed a work was in the public domain. Proper copyright notice on published works (the copyright symbol, year of first publication, and the owner’s name) eliminates this defense under 17 U.S.C. Section 401(d).

How Courts Calculate the Award Within the Range

Statutory damages are not awarded arbitrarily. Judges and juries weigh several factors: (1) the profit the infringer gained; (2) the revenue the copyright owner lost; (3) the value of the copyright; (4) deterrent effect on the infringer and others; (5) the infringer’s state of mind; and (6) the infringer’s cooperation or obstruction during litigation. In Bryant v. Media Right Productions, Inc., 603 F.3d 135, 144 (2d Cir. 2010), the Second Circuit confirmed that courts may consider all circumstances and are not confined to any single factor when setting the award amount.

Per Work vs. Per Act: How Awards Aggregate

Statutory damages are awarded on a per-work basis, not per act of infringement. A single work reproduced across a thousand websites generates one award, not a thousand. However, if a defendant infringes multiple works — say, a website reproduces fifty photographs without license — the court may award statutory damages for each of the fifty works separately, creating substantial aggregate liability. This structure drove significant jury verdicts in the music piracy era. In Sony BMG Music Entertainment v. Tenenbaum, a jury initially awarded $675,000 for infringement of 30 songs, illustrating how per-work awards compound quickly.

The Registration Timing Trap

One of the most consequential aspects of copyright law is that the right to elect statutory damages depends entirely on when you registered relative to when infringement began. Under 17 U.S.C. Section 412, statutory damages are unavailable for infringement that commenced before registration unless, for published works, registration occurred within three months of first publication. A photographer who publishes images online for years without registration and then discovers those images on a competitor’s website is limited to actual damages and the infringer’s profits. That window cannot be retroactively cured once infringement begins.

The three-month grace period provides a practical backstop for creators who move quickly. Publish January 1, register by April 1, and you may elect statutory damages for infringement that began after publication but before registration. The Copyright Office allows online registration through its eCO system, and the effective date of registration is the date the Office receives a complete application and fee — not the date it issues the certificate.

Interaction with the DMCA Safe Harbor

Online service providers that qualify for safe harbor under 17 U.S.C. Section 512 are shielded from monetary liability, including statutory damages, as long as they expeditiously remove infringing material upon receipt of a proper takedown notice. This means that a copyright owner whose work appears on a third-party platform must first send a compliant DMCA notice before pursuing the platform itself. However, the safe harbor does not protect the original uploader — the actual infringer — who remains fully exposed to Section 504(c) statutory damage claims.

Strategic Considerations Before Filing Suit

Before filing a copyright infringement lawsuit seeking statutory damages, every copyright owner should answer three threshold questions: Is the copyright registered, and was registration timely? If not, the case becomes an actual-damages fight that may not justify litigation costs. How many works were infringed, and what aggregate exposure does that create? What is the defendant’s financial capacity? A $150,000 statutory maximum against a judgment-proof defendant produces no real recovery. Evaluating these questions early determines whether demand letters, licensing negotiations, DMCA takedowns, or federal litigation is the appropriate path.

Contact Revision Legal’s Copyright Attorneys

If your copyrighted work has been reproduced, distributed, or displayed without authorization, the window to preserve your maximum remedies may be closing. Revision Legal’s copyright attorneys counsel creators, businesses, and content platforms on registration strategy, infringement claims, and litigation. Contact us to evaluate whether statutory damages are available in your case and what your best path to recovery looks like.