What are statutory damages for copyright infringement in the US?
Under 17 U.S.C. section 504(c), a copyright owner may elect statutory damages of $750 to $30,000 per work infringed. If the infringement is willful, the court may increase the award up to $150,000 per work. If the infringer proves innocent infringement, the court may lower it to as little as $200 per work.
Do I need to register my copyright to get statutory damages?
Yes. Statutory damages and attorney fees are only available if the work was registered with the US Copyright Office before the infringement began, or within 3 months of first publication. Without timely registration you are limited to actual damages plus the infringer's profits.
Can I recover both actual damages and the infringer's profits?
Yes, but without double counting. Under section 504(b) you recover your actual damages plus any of the infringer's profits attributable to the infringement that are not already included in the damages figure. Alternatively you may elect statutory damages instead. You cannot recover both statutory and actual damages for the same work.
What makes infringement 'willful' in the US?
Willful infringement means the defendant knew their conduct infringed, or acted with reckless disregard for the copyright owner's rights. Continuing to infringe after receiving a cease-and-desist notice, or ignoring an obvious copyright, supports a willfulness finding, which can raise statutory damages to $150,000 per work.