Collecting Damages For Copyright Infringement of Photos and Other Work
If you are a professional photographer or creator of original content, you may be entitled to substantial damages if someone violates your copyright. Speak with our copyright lawyers today to assess your rights.
Do you earn a living as a creative artist? A photographer, illustrator, writer or other creator? If so, you should know some basics about copyright law and what remedies you have when someone violates your copyright.
If you think someone is violating your copyright, you might be able to file a claim and seek damages for infringement. Our lawyers at Sanders Law Group, devote our practice to ensuring creative professionals, especially photographers, have protection from copyright infringement. Call us to schedule a free evaluation of your copyright infringement claim.
What Is Copyright Infringement?
Copyright law exists to protect your right to control your original creations. Copyright infringement is when someone uses your work without permission for their own personal gain. They might copy the work, display it, or put it on merchandise without getting your consent. Someone who violates your copyright is usually using your work to make a profit, all without asking or paying you.
There are three basic elements to prove copyright infringement:
- Existence of copyright
- Proof that someone copied the work
- Unauthorized use harmed the copyright owner financially, legally, and socially
If you are the victim of copyright infringement and want to file a claim, call Sanders Law Group, and let us help ensure you collect the maximum damages the laws allow.
Collecting Actual Damages and Profits for Copyright Infringement
You can collect actual damages when someone infringes on your copyright. Actual damage can be hard to quantify. They equal the actual amount of money you lost because of the infringement. You might also be able to collect the profits the infringer earned using your work without permission.
Collecting Statutory Damages for Copyright Infringement
Some copyright holders choose to seek statutory damages instead of actual damages and profits. The amount of statutory damages is set by statute. You don’t have to prove the value of your losses when you seek statutory damages. You just have to establish the infringement. Since a judge or jury will award you an amount allowed under the statute, proving malicious intent and economic losses might significantly increase the amount of damages you receive.
Keep in mind that there are filing requirements if you want to be eligible to collect statutory damages. Your copyright must be registered with the US Copyright office either before the violation took place or shortly after that. To make sure you have time to register your copyright and seek statutory damages, speak to our copyright lawyers as soon as you think someone is violating your copyright.
Statutory damages are awarded per the number of works infringed. Damages usually range from $750 per work infringed to $30,000. Statutory damages can go as high as $150,000 per work infringed.
Call Sanders Law Group, to Learn More About Filing Copyright Infringement Claims
If you are a photographer or other creative professional, make sure you protect your copyright. Your work should remain under your control – this is why we have copyright laws. If you think someone is violating your rights, call our lawyers at Sanders Law Group.
At Sanders Law Group, we work hard to ensure you obtain the maximum amount of damages that copyright law allows. Call our copyright infringement lawyers today at (800) 979-3707 to set up a free evaluation of your copyright claim.
