Copyright Infringement Damages Calculator
Estimates the damages you may recover in a copyright infringement lawsuit. Use it when a third party has used your protected work without permission and you need to compare actual vs. statutory damages.
About this calculator
U.S. copyright law (17 U.S.C. § 504) lets a rights-holder recover either (a) actual damages plus the infringer's additional profits, or (b) statutory damages — whichever is greater. The formula is: Damages = max(actualDamages + infringerProfits, statutoryDamages). Actual damages represent the market value you lost; infringer's profits are the net gains the infringer made that aren't already counted in your losses. Statutory damages range from $750 to $30,000 per work ($150,000 for willful infringement) and are available when the work was registered before infringement began. Because the law awards the higher amount, comparing both tracks is essential before deciding litigation strategy.
How to use
Suppose an infringer copied your photograph and earned $8,000 in profit, while your own lost licensing revenue totals $3,000. You also qualify for $10,000 in statutory damages. Step 1 — add actual damages and infringer profits: $3,000 + $8,000 = $11,000. Step 2 — compare to statutory damages: max($11,000, $10,000) = $11,000. Your estimated recoverable damages are $11,000. If your work was registered early and infringement was willful, revisit the statutory figure — it could exceed the actual-damages track significantly.
Frequently asked questions
What is the difference between actual damages and statutory damages in a copyright case?
Actual damages reflect the real economic harm you suffered — lost licensing fees, lost sales, or lost business opportunities — plus any profits the infringer made that aren't already reflected in your losses. Statutory damages, by contrast, are preset dollar ranges set by Congress that a court may award per infringed work without requiring proof of specific loss. Statutory damages are only available if the work was registered with the U.S. Copyright Office before the infringement occurred (or within three months of first publication). Courts award whichever track yields the higher recovery.
How do infringer's profits factor into copyright infringement damages?
Infringer's profits are the net revenues the infringing party earned that are directly attributable to the unauthorized use of your work, minus their allowable expenses. You only recover profits that are not already captured by your actual damages calculation, preventing a double-count. You bear the burden of proving gross revenue; the infringer must then prove which deductions are legitimate. In cases involving large commercial platforms or advertising-supported content, infringer's profits can dwarf the rights-holder's own measurable losses.
When should I choose statutory damages over actual damages in a copyright lawsuit?
Statutory damages are advantageous when your actual financial loss is small or hard to prove but the infringement was clear-cut or willful. For willful infringement, courts may award up to $150,000 per work — far exceeding provable actual damages in many cases. They are also useful when the infringer kept poor records, making profit calculation difficult. However, to elect statutory damages, registration must have been in place before infringement began, so timely registration is a critical strategic step for any rights-holder.