How much can you sue for copyright violations?

Answer 1

This is a huge branch of law, and limits will be as varied as the possible applications of the law. If you steal the image of Mickey Mouse and make a fortune illegally using and selling it, the amount that Disney will sue you for is going to be huge, as you can imagine. [There is some interesting debate around Disney's right to hold on to Mickey Mouse; some say that he should have been released to the public domain by now...] If your cousin gave one pirated copy of a popular movie to a friend, without money changing hands, that is still illegal activity, but it is not likely that your cousin will have to sell the farm to cover the suit if he is caught and convicted. Basically, the owner will want to recover whatever he would have made from the illegal use of the property, and perhaps there are sometimes other damages that he will want to recover. For example, the thief may in some way damage the reputation that has built up around the property. Money money money...

One reason that these laws exist is because the owner of a piece of intellectual property has a right to profit from that property as long as the person owns it. Every time it is illegally given to people in the market for that particular property, then the lawful owner's market has been reduced.

In the US, statutory fines range from $750 to $30,000 per infringement, but unless the infringement has the potential for long-term damages to your work or image (say, your photograph becomes associated with a political campaign you do not support), you're probably best off attempting to settle out of court for real damages. So, for example, if someone uploaded your song and it was downloaded 10,000 times, you would start by sending a Cease and Desist notice asking that they take down the mp3 and repay you for lost mechanical licenses, which in that case would amount to $910.

We've learned from Righthaven cases over the past year or so that suing people for copyright infringement is not a viable business model.

Answer 2

The maximum damages vary from country to country; in the US, for example, statutory damages are capped at $250,000 for extreme offenses. That being said, you will rarely be sued for more than real damages: that is, what the rightsholder feels your actions have cost him.