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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 118789
Experience:  Attorney practicing all aspects of copyright/trademark law
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Is there a way to calculate potential copyright

Customer Question

Is there a way to calculate potential copyright infringement? A software developer and graphic designer worked on our system and they are claiming they were not fairly compensated for work done on a section of our software. If they don't receive additional money, they plan on filing suit.
But, they certainly can't expect us to shut down the entire software platform because of a couple of pages they worked on. To remove those pages though could be very costly.
So, what can we do?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Copyright infringement has damages of "actual damages" or statutory damages up to $150,000 per violation. So this is an indication that even the congress realized that sometimes calculating damages from infringement is tough and that is why statutory damages were inserted.

So, copyright infringement cases, they need to prove exactly what it cost you or what you lost as a result of their infringement, but if not you can claim up to $150K for each violation. What it is worth reasonably is what the cost to you to replace the damaged work and what the business losses you can reasonably calculate for not having the access to the site.

Also, if they shut your site down for this and deny access, you can file suit and as part of the suit you can get an ex parte temporary injunction ordering them to release control over the site back to you

Customer: replied 1 year ago.

So, do you have an example of what "actual damages" could be?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

I have no way to know what your actual damages would be, but they could be the cost of you having to get the site redone, which I said above, and also actual damages could be the loss of income for not having the site available. Those are both examples of actual damages from the actions of this company.