What are “statutory damages” and what are their implications when a library is liable for infringement?
If is often difficult to prove the amount of damages suffered or the profits earned by the infringer and the burden of proof is on the copyright owner. In recognition of these limitations, “statutory” damages are also available as an alternative to actual damages, wherein the parameters of monetary awards that a court can award are set by statute. However, the copyright owner typically may not seek statutory damages (or attorney’s fees) for the infringement of a published work if the work was not registered within three months of the last publication or prior to the infringement.
