Statute

A copyright infringer is liable for either the copyright owner’s actual damages and additional profits of the infringer or, in the alternative, statutory damages. Actual damages and profits require proof of the infringer’s gross revenue. The infringer is required to prove expenses which are not attributable to the copyrighted work. Alternately, the court can decide the amount of statutory damages, between $750 and $30,000, which is just. If the copyright owner has the burden of proof and can prove willful infringement, the court can adjust the statutory award up to $150,000. If the copyright infringer has the burden of proof and can show the infringing was unknowing, the court can reduce the statutory award down to $200. Damages may be remitted for some nonprofit or public employees who infringed unknowingly and reasonably. Willful infringement is a rebuttable presumption in all infringement cases.