The Copyright Act allows the owners of copyright-protected material to pursue financial damages in the event that another party pilfers and profits from their intellectual property. The damages that the copyright holder can pursue in these cases is the actual amount of damages caused by the infringement in addition to the profits earned by the violator of the copyright.
Establishing damages in copyright infringement cases requires evidence, such as:
- The gross revenues of the accused party
- The gross revenues of the injured party as well as evidence of past revenue
- Evidence produced by the infringer of offset expenses that could serve to reduce the damage award
Imagine an author produces a beautiful book and establishes ownership of the material under copyright. However, the author never publishes the manuscript or releases it for sale, but suddenly he sees the very same book that he wrote for sale by someone else. The author has been damaged by this copyright infringement and he will have the right to pursue damages in court. Not only will the writer have the ability to seek compensation for the full amount of the profits garnered by the third-party from selling the work, but the author can also pursue the damages that he suffered as a result of the infringement.
Did another party infringe upon your copyright? You may want to discuss the details of your situation with an experienced attorney to to fin . The legal team at our office is standing by to help you with your potential case in this regard.