Infringed copyright holders — big and small — can get relief

Description

Abstract: Although the Copyright Act and the Digital Millennium Copyright Act provide for statutory damages for copyright infringement, many copyright holders elect to pursue actual damages — commonly measured by lost profits. As this article explains, courts have applied several different approaches to compute such losses. For example, a plaintiff may allege that, if not for the infringement, its sales of the protected work would have grown in an amount equal to the infringer’s sales.