STATUTORY DAMAGES REALITY CHECK:
For non-willful copyright infringement, courts typically award $2,500-$15,000 per work, while willful infringement can command $50,000-$150,000 per work. The landmark case Scott Hargis v. Pacifica Senior Living Management LLC, No. 3:22-cv-05352-JSC (N.D. Cal. 2023) shattered records with a $6.3 million verdict ($150,000 × 43 photos) – sending a clear message about willful infringement. See 17 USC 504 et seq.
DOUBLE YOUR RECOVERY WITH DMCA:
Don’t overlook 17 USC 1202! While regular infringement allows one statutory award per work, DMCA violations for removing attribution can yield $2,500-$25,000 PER REMOVAL ACT. However, Victor Elias Photography v. Ice Portal, 43 F.4th 1313 (11th Cir. 2022) raised the bar by requiring proof defendants knew their actions would facilitate infringement.
SMALL CLAIMS, BIG IMPACT:
The Copyright Claims Board has resolved over 50 cases since June 2022, with average awards of $3,500 per work. While capped at $15,000 per work/$30,000 total, this streamlined process offers creators justice without federal court expenses.
AI DISCLOSURE ALERT:
The Southern District of Florida now requires attorneys to disclose AI use in pleadings and certify they’ve reviewed all AI-generated content for accuracy. This groundbreaking rule (effective 2/1/2024) aims to prevent AI hallucinations from corrupting legal proceedings and subjects violations to potential sanctions.
The terminator walks among us…