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J. Nevin Shaffer, JR. J. Nevin Shaffer, JR.
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What kind of damages might I receive if someone infringes upon or uses my copyright?

Copyright damages have a range. If you have an unregistered copyright, you have to prove that you were damaged. Proof that you own it. Proof that they copied it. There’s a lot of proof involved there so you could get back your actual damages or you could get back the defendant’s profits, but you’d have to prove ’em.

Life is a lot easier if you’re involved with copyright infringement if you’re talking about a registered copyright because then the statute provides, if you prevail, you get court costs, you get your attorney’s fees back and you get up to $150,000 for willful infringement.

So it’s pretty powerful leverage usually if you have a solid case, you probably won’t have to go to court.

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