Understanding what the “remedies” might be related to any legal action is an important consideration when you are thinking about whether or not you should take legal action. The questions is, “What can I hope to get out of this legal action?”
If you believe that your copyright has been violated and you want to take action to enforce your rights, there are a number of things you can hope to accomplish.
RESTRAINING ORDER
One type of remedy for a copyright violation is a court order restraining the infringing party from continued use of the copyrighted material. Here, a court may issue an order that requires the other party to discontinue the use of the copyrighted material.
STATUTORY DAMAGES
Sometimes in a copyright infringement matter, it is difficult to discover what the “actual” damages happen to be. For this and other reasons, a court may decide to award what is known as “statutory damages.” Here, the remedy that may be available to a copyright owner would be determined based on what a statute provides.
CONFISCATION AND/OR DESTRUCTION
Often, in a copyright infringement scenario, many copies of infringing material may have been produced, such as in the form of a book, pamphlet, or other type of media. Here, a court may require that physical materials related to the copyright infringement be confiscated and/or destroyed.
PAYMENT
What may be the most sought after remedy related to copyright infringement, a payment or payments to a copyright owner may be ordered by a court. This type of remedy may be reflective of the profits that the infringer gained as a result of the infringement or it may be reflective of the losses that the copyright owner has sustained.
ATTORNEYS’ FEES
Pursuing any type of legal action related to copyright infringement typically requires that the copyright owner incur legal expenses in the for of attorneys’ fees. Though awarding attorneys’ fees is not unique to copyright infringement, it is not uncommon for a copyright owner who prevails in a copyright action to be awarded attorneys’ fees.
There may be other remedies depending on the facts of any given copyright infringement matter. Here, it is important to talk to an experienced copyright lawyer to understand all of your options. Contact SmartLaw to find the right legal resource for your matter.
