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How do you figure? $750 is the minimum | 225 comments | Create New Account
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How do you figure? $750 is the minimum
Authored by: Anonymous on Thursday, May 10 2012 @ 06:57 PM EDT

From Chapter 5 of the Copyright Act (my paraphrase, refer to pdf for exact wording):

    Section 504(a): In General, an infringer is liable for either [1] actual damages and profits or [2] statutory damages
    Section 504(c): [1] for all infringements with respect to any one work: not less then $750 or more then $30,000
    Section 504(c): [2] where the infringement was willful, the court may increase the maximum to $150,000
So the minimum is $750 with a maximum of $150,000.

Considering the application of statutory damages in the case of Thomas-Rasset, one Jury decided $80,000 in damages for each of 24 songs for a total of $1.92 million in damages. That wasn't for how many times people uploaded a given song, just for one count per song.

So... "might only receive" really is refering to the maximum Oracle can hope to get as the 9 lines are of "one work". The minimum can be found to be as low as $750.

IANAL, the above is just my understanding based on the wording of the Law combined with how it's been applied in the few cases I've seen statutory damages applied.

RAS

[ Reply to This | Parent | # ]

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