When someone infringes on your copyright, it’s not just a violation of your creative rights—it can also result in significant financial losses. Recovering damages for copyright infringement depends on several factors, including whether your copyright was registered before the infringement occurred. Here’s what you need to know to protect your intellectual property and maximize your recovery.
Why Registration Matters
Under U.S. copyright law, registering your work with the U.S. Copyright Office provides several critical advantages when seeking damages:
- Eligibility to Sue: Without registration, you cannot file a copyright infringement lawsuit in federal court.
- Access to Statutory Damages: Registered works qualify for statutory damages, which range from $750 to $30,000 per infringement (or up to $150,000 for willful infringement). Without registration, you can only recover actual damages and profits.
- Recovery of Attorney’s Fees: Registered works may allow you to recover attorney’s fees, reducing your financial burden during litigation.
If your work was not registered before the infringement occurred, your options for recovering damages may be more limited.
Types of Damages You May Recover
- Statutory Damages
- Only available if your work was registered prior to the infringement or within three months of its first publication.
- Statutory damages are set amounts that do not require proof of financial loss, making them easier to claim.
- Actual Damages and Profits
- Available whether or not your copyright was registered.
- Actual damages cover the financial harm caused by the infringement, while profits address the money the infringer gained from using your work.
- Requires detailed evidence, such as lost sales or licensing fees.
Steps to Recover Damages
- Register Your Copyright (If Not Done Already)
- While registration after infringement limits your recovery options, it still strengthens your case and allows you to pursue actual damages.
- Gather Evidence of Infringement
- Document where and how your work was used without permission.
- Collect evidence of financial losses or profits gained by the infringer.
- Consult a Copyright Attorney
- An experienced attorney can evaluate your case, identify the best legal strategy, and represent you in court if necessary.
- Send a Cease-and-Desist Letter
- Often, infringement cases can be resolved without litigation. A cease-and-desist letter demands that the infringer stop using your work and may initiate settlement discussions.
- File a Lawsuit
- If the infringement continues or if damages are substantial, filing a lawsuit in federal court may be necessary to enforce your rights and recover compensation.
The Importance of Acting Quickly
In most cases, you have three years from the date you discover the infringement to file a lawsuit. Acting promptly ensures you preserve your legal rights and strengthens your case.
Why Choose Landry Legal?
At Landry Legal, we specialize in helping creators and businesses recover damages for copyright infringement. Whether your work was registered before the infringement or not, we’ll craft a strategy tailored to your case and fight to protect your intellectual property.
Take Action Today
If someone has infringed on your copyright, don’t wait to seek justice. Contact Landry Legal for a consultation and learn how we can help you recover the damages you deserve.
Call us at 888-914-0011 to get started!
