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Copyright

Direct Copyright Infringement

Copying, reproducing, distributing or creating derivative works from a protected work without permission and without a defense such as fair use.

Pleaded in 23 of the 98 matters on this docket

Governing law

17 U.S.C. 106, 501

Damages

The owner elects either actual damages plus the infringer's profits, or statutory damages under 17 U.S.C. 504(c). Statutory damages run from $750 to $30,000 per work infringed, rising to $150,000 per work for willful infringement and falling to $200 for innocent infringement. The unit is the work, not the act of infringement, and all parts of a compilation count as one work.

Limitations period

Three years from when the claim accrued, 17 U.S.C. 507(b). Circuits apply a discovery rule; Warner Chappell Music v. Nealy (2024) held that damages are not separately capped at three years where the claim is timely.

Reference material about publicly available law, current as of the date this file was compiled. It is not legal advice and it does not describe anyone’s particular situation. Statutes and limitations periods vary by jurisdiction and change.

Matters pleading this claim

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