What are statutory damages for copyright infringement in Canada?
Under section 38.1 of the Copyright Act, a copyright owner may elect statutory damages instead of proving actual loss. For commercial infringement the range is $500 to $20,000 per work. For non-commercial infringement the total is capped between $100 and $5,000 for all works and all defendants combined.
Can I recover the infringer's profits in Canada?
Yes. Section 35 of the Copyright Act lets you recover both your provable damages AND the portion of the infringer's profits not already accounted for in the damages award. You must prove the infringer's gross revenue; the infringer must prove deductible costs and any profit attributable to other factors.
Do I have to choose between actual and statutory damages?
Yes. A plaintiff elects either actual damages plus profits, or statutory damages, at any time before final judgment. You cannot recover both for the same infringement. Statutory damages are useful when actual loss is small or hard to prove; actual damages plus profits can be larger for high-revenue commercial infringement.
Are punitive damages available for copyright infringement in Canada?
Yes. Courts may award exemplary or punitive damages in addition to statutory or actual damages where the infringement was flagrant, high-handed, or in bad faith. Punitive awards are meant to punish and deter and are assessed separately from compensatory statutory damages.