What to figure if you are going to sue someone for copyright infringement or a DMCA violation? Well that depends on what you want to accomplish. I am not about the money. Money will cloud the issue. The issue has to be the protection of your work. The courts will set the monetary fee for the infringer as all you have to do is decide how you want them to do it.
The type of claim is also used in determining the amount of damages. A simple claim of infringement can run from a few dollars to $ 150,000.00 for one photo. The DMCA violations normally run from $ 2500.00 to $ 25,000.00. The type of claim is also used to determine if the person who did the infringing will have criminal charges filed against them. The DMCA fee is added to any infringement fee if you file an infringement case.
The real key is to decide if you are going to collect your normal fee or if you are going to accept the statutory damages the court allows. I personally think the statutory damages are the way to go since there is no argument about it as the law sets the standards not you or the defendant. This is subject to the image used. If it is a very high end image that has a large value or your work in general has a high value than the value may be the way to go.
The images that people use and change the copyright notice on can go from the $ 2500.00 to $ 25,000.00 per image and my normal fee is less that that so I would chose the statutory damages even though my images are registered. They do not have to be registered for statutory damages under the DMCA.
The thing is you have to decide how you want to proceed and up to the day of the decision by the court you may change the way for the judge to award damages. If you asked for value and then decide to change to statutory damages you are allowed to do so up to the day of the verdict by the judge. You may also go the other direction if you so chose.
Disclaimer: I am not an attorney. These are my personal opinions and general information only. These are not legal advice and should not be used as such.