Statutory damages
Encyclopedia
Statutory damages are a damage
award in civil law
, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim. This could be because calculation of a value is impractical, such as in intellectual property cases where the volume of the infringement cannot be ascertained. It could also be because the nature of the injury is subjective, such as in cases of a violation of a person's rights. The award serves both as deterrence, and as compensation. Amounts can be set on a per-incident basis, such as in the Fair Debt Collection Practices Act
, which gives statutory damages of up to $1,000 for a violation of its provisions. Amounts could also be set per day, as in acts proscribing human-rights violations which might specify damages of $1,000 per day. The term also applies wherein damages are a multiple of what the legally entitled payment would have been in the matter, which would be typical for copyright or trademark infringement.
The principle of in pari delicto
applies, preventing people from suing others for crimes in which they also participated.
cases (relating to copyright
or trademark
, for instance), it is often difficult for plaintiff
s to determine the exact volume of infringement. Thus, statutory damages are often calculated as a multiple of the price for the use of the property, if the infringer had requested and paid for permission. Other statutes may set a fixed amount for each day the violation occurred, for each violation, work, article, or type of good.
(Civ. Code, § 51 section 52) provides for minimum damages of $4000 for victims of discrimination under the Americans with Disabilities Act.
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
award in civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim. This could be because calculation of a value is impractical, such as in intellectual property cases where the volume of the infringement cannot be ascertained. It could also be because the nature of the injury is subjective, such as in cases of a violation of a person's rights. The award serves both as deterrence, and as compensation. Amounts can be set on a per-incident basis, such as in the Fair Debt Collection Practices Act
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act , et seq., is a United States statute added in 1978 as Title VIII of the Consumer Credit Protection Act...
, which gives statutory damages of up to $1,000 for a violation of its provisions. Amounts could also be set per day, as in acts proscribing human-rights violations which might specify damages of $1,000 per day. The term also applies wherein damages are a multiple of what the legally entitled payment would have been in the matter, which would be typical for copyright or trademark infringement.
The principle of in pari delicto
In pari delicto
In pari delicto , Latin for "in equal fault " is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort.The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of...
applies, preventing people from suing others for crimes in which they also participated.
Intellectual property
In intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
cases (relating to copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
or trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
, for instance), it is often difficult for plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s to determine the exact volume of infringement. Thus, statutory damages are often calculated as a multiple of the price for the use of the property, if the infringer had requested and paid for permission. Other statutes may set a fixed amount for each day the violation occurred, for each violation, work, article, or type of good.
- In the United StatesUnited States copyright lawThe copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
, statutory damages are set at a minimum of $750 per work, to a maximum of $30,000. In Europe, directive 2004/48/EC on the Enforcement of Intellectual Property Rights bases the damages on, "the amount of royalties which would have been due if the infringer has requested authorisation". - The Lanham (Trademark) ActLanham ActThe Lanham Act is a piece of legislation that contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.-History:Named for Representative Fritz G...
provides for minimum damages of $1000 and a maximum of $2,000,000 (if willful) for using a counterfeit trademark in commerce (15 U.S.C. § 1117(c), Lanham Act Section 35(c).) - The Electronic Communications Privacy ActElectronic Communications Privacy ActThe Electronic Communications Privacy Act is a United States law.- Overview :The “electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or...
provides for statutory damages for various wiretap offences of $100 per day, up to $10000.
Civil rights
California's Unruh Civil Rights ActUnruh Civil Rights Act
The Unruh Civil Rights Act is a piece of California legislation that specifically outlaws discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation...
(Civ. Code, § 51 section 52) provides for minimum damages of $4000 for victims of discrimination under the Americans with Disabilities Act.