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  • Writer's pictureBrandia LLC

Copyright Registration and Infringement Damages

Copyright law protects works ranging from software, photographs, movies, songs and architectural plans to literary, dramatic, musical, and other artistic works. Copyrights exist from the moment the work is created but registration is required to bring an infringement law suit, seek damages and recover legal fees.

Consider #copyrights as your intangible corporate assets susceptible of being licensed to others to generate additional revenue and registration now starts to make even more sense. After all - leaving exceptions aside- typically legal title is needed to enforce a right.

Damages can be actual or statutory. Actual damages are the sum of the revenue the plaintiff would have charged the defendant (e.g., license) plus profits gained by the defendant as a result of the infringing activity. Statutory damages ranges from $750 to $30,000 per work, and if infringement is found to be intentional by the court or jury then it can be as high as $150,000 per work.

It makes sense that companies consider copyright registration as part of their asset protection policy and not leave them to chance. Treat IP registration as if it is a one off paid insurance – over time it will pay off.



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