On September 30, 2013 the United States Copyright Office submitted its report and recommendations to the Congress on updating the court system for processing copyright infringement cases. This was a report that started with the request from congress years ago.
The idea has gained ground for a small claims type system for processing claims of less than $ 30,000.00.
Here is part of the recommendations concerning the damages and registration of the materials. The action would be handled or adjudicated by a 3 person panel as recommended by the Copyright Office.
Copyright owners would be required to have registered their works or filed an application before bringing an action. They would be eligible to recover either actual or statutory damages up to the $30,000 cap, but statutory damages would be limited to $15,000 per work (or $7,500 for a work not registered by the normally applicable deadline for statutory damages). – United States Copyright Office
This basically says that the owner has to register the copyright prior to filing a case and has the option like now to either recover the actual damages or the statutory damages. The limit would be $ 15,000 per work or $ 7500.00 if the work was not “properly “ registered as listed on the current statutory damage system. If you registered it prior to the infringing you can collect $ 15,000.00 per work up to a sum of $ 30,000.00 per case. If you did not register the work prior to the infringement the max is still $ 30,000 for the total claim but each item is limited to $ 7500.00.
I and others are very happy about this report. It uses the numbers that many of us put in our reports. I do not like the limit on case for multiple infringements but I can find no limit on how many claims you can file.
If you have time and this gets done in a timely manner you might save a lot of money and remove the registration requirement for the non DMCA items which allows for the higher awards. You could collect more on one or two works than a whole collection that was not registered. This will be very interesting to watch.
Now all that is required is for congress to act. We can all hold our breath on that one.
I am not an attorney. This is my personal opinions and general information only. This is not legal advice and should not be used as such.
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