What Are Statutory Damages?

Statutory damages are a type of damages that a plaintiff can be awarded in a legal case, as specified by statute or law. They are predetermined and codified within the law itself and are not calculated based on the actual harm suffered by the plaintiff. Statutory damages are particularly common in areas like copyright law, where actual damages can be difficult to determine.

When Are Statutory Damages Issued?

Statutory damages are typically issued when it is difficult to calculate the actual damages suffered. They are also issued when the law wants to emphasize the seriousness of certain actions and deter others from committing similar violations.

For example, in copyright law, it can be challenging to determine the actual financial harm caused by copyright infringement, so the law allows for statutory damages to be awarded instead. Similarly, some contract statutes might allow for statutory damages in the event of a breach of contract to deter parties from breaking their agreements.

Copyright Infringement

Imagine that you’re a professional photographer who sells prints and licenses for your images. One day, you discover that a major online retailer has been using one of your photographs to advertise their products without your permission. They have not given you credit, nor have they paid you any licensing fees.

In this case, it may be hard to accurately calculate how much you’ve lost in potential sales or licensing fees due to their unauthorized use of your image. Therefore, you might decide to sue the retailer for copyright infringement and seek statutory damages. The court may determine that the infringement was willful. If so, you could be awarded up to $150,000 per infringed work under U.S. copyright law.

Breach of Contract

Now, let’s say you own a software development company, and you’ve signed a contract with another business to develop a custom software application for them. The contract includes a clause stating that if the client terminates the contract without cause before the completion of the project, they will owe you statutory damages of $10,000 in addition to any fees for work already completed.

If the client decided to cancel the contract halfway through the project for no valid reason, they would be in breach of the contract. As specified in the contract’s terms, you could then sue them for the $10,000 in statutory damages, along with any fees for the work you’ve already done.

In both scenarios, statutory damages serve to compensate both the injured party and deter others from committing similar actions.

How Are Statutory Damages Calculated?

The calculation of statutory damages is usually outlined in the law itself. For instance, in U.S. copyright law, statutory damages can range from $750 to $30,000 per work infringed upon at the court’s discretion. If the infringement was willful, the damages can go up to $150,000 per work. It’s important to note that the judge has considerable discretion within the range specified by the statute.

A judge’s discretion in awarding statutory damages refers to the latitude that a judge has in determining the amount of statutory damages within the range prescribed by the relevant law. This is based on the unique circumstances and specifics of each individual case.

In the context of copyright infringement, the Copyright Act in the United States allows for statutory damages ranging from $750 to $30,000 per work infringed upon. However, the court may find that the infringement was committed willfully.

If that is the case, the court may increase the award of statutory damages to a sum of up to $150,000 per work infringed upon. Conversely, if the infringer was not aware and had no reason to believe that their acts constituted an infringement, the court may reduce the award of statutory damages to a sum of not less than $200.

To illustrate, let’s say a small business owner used a copyrighted image on their business website, unaware that the image was protected by copyright. The copyright owner discovers the infringement and decides to sue.

The judge may consider the business owner’s lack of awareness and the fact that the use was not a significant part of their business operation. If this is the case, the judge might decide to award the minimum statutory damages of $750 or even reduce it to $200, given the infringer’s innocence.

In contrast, suppose a large corporation knowingly used a copyrighted image in a nationwide advertising campaign without obtaining the necessary licenses, profiting significantly from its use. In this case, a judge might decide to award a maximum of $150,000 in statutory damages per work, given the willful nature of the infringement and the substantial profit the corporation gained from it.

In both cases, the judge uses their discretion to decide on an appropriate amount within the range allowed by law. The judge will consider factors like the infringer’s knowledge and intent, the profit gained from the infringement, and the potential harm to the copyright owner.

How Do Statutory Damages Differ From Other Types of Damages?

Statutory damages are unique in that they are not tied to the actual harm suffered by the plaintiff. This differs from compensatory damages, which are intended to compensate the plaintiff for the actual harm they suffered.

Statutory damages also differ from punitive damages, which are designed to punish the defendant for particularly egregious behavior and deter others from similar conduct. Punitive damages are typically awarded at the discretion of the court and can be quite large. However, statutory damages are typically outlined in the law itself and have a defined range.

Statutory Damages

Consider a case of copyright infringement, where a website has illegally used a copyrighted song in a promotional video. The actual monetary loss to the copyright owner might be difficult to determine, as it’s hard to estimate how many potential sales or licensing fees were lost due to this infringement.

Therefore, under U.S. copyright law, the copyright owner could opt for statutory damages. These damages can range from $750 to $30,000 per work or up to $150,000 per work if the infringement was willful.

Compensatory Damages

Now, let’s consider a personal injury case where a plaintiff was injured in a car accident caused by another driver’s negligence. The plaintiff incurred medical bills, lost wages due to time off work, and suffered pain and suffering.

Here, compensatory damages would be used to make the plaintiff whole, covering the actual economic loss (medical bills and lost wages) and non-economic loss (pain and suffering). The amount would be based on the actual harm suffered, which could be determined by reviewing medical bills, wage statements, and other tangible measures of harm.

Punitive Damages

For an example of punitive damages, imagine a case where a manufacturing company knowingly and recklessly sold a dangerous product, leading to several serious injuries or deaths. A court might award punitive damages on top of compensatory damages to the plaintiffs, with the aim of punishing the company for its egregious misconduct and deterring other companies from similar behavior.

The amount of punitive damages isn’t tied to the actual harm suffered; instead, it’s often a multiple of the compensatory damages and can be extremely high, especially in cases of gross negligence or malicious intent.

In each of these examples, the type of damages reflects a different purpose: statutory damages provide a remedy when actual harm is hard to calculate or as a deterrent. Compensatory damages, however, reimburse the plaintiff for specific losses, and punitive damages penalize particularly bad behavior.

Should I Hire a Lawyer to Help With Statutory Damages?

Absolutely. If you’re involved in a legal matter that could potentially involve statutory damages, it’s wise to seek the counsel of a knowledgeable attorney. An experienced contract lawyer can help you understand the laws applicable to your situation, guide you through the legal process, and represent your interests in court.

LegalMatch is a valuable resource to connect you with a suitable attorney who practices contract law. With LegalMatch, you can quickly find the right legal counsel to help you understand your rights, potential liabilities, and any statutory damages that may apply to your case. Start your search for the right legal representation today through LegalMatch.