Statutory Damages

Statutory damages are a fixed monetary award set by law that a court may grant to a plaintiff in certain civil cases without requiring proof of actual financial harm. The amount is determined by statute rather than by calculating real losses, making them especially valuable when actual damages are difficult to quantify.

Statutory damages serve two purposes: compensating the injured party and deterring future violations. They are most commonly available in intellectual property law, consumer protection statutes, and data privacy laws.

How statutory damages work

When a law authorizes statutory damages, it sets a minimum and maximum award per violation. A court or jury selects an amount within that range based on the circumstances, including the severity of the violation and whether the defendant acted willfully. The plaintiff must establish that a violation occurred, not a specific dollar amount of harm.

For willful violations, statutes often allow enhanced damages near the upper end of the range. For innocent infringement, courts may reduce the award to the statutory minimum.

Common uses

• Copyright infringement: Under 17 U.S.C. § 504, a copyright owner may elect $750–$30,000 per infringed work, or up to $150,000 per work for willful infringement. The work must have been registered before the infringement began or within three months of first publication.
• Trademark infringement: The Lanham Act allows statutory damages of $1,000–$200,000 per counterfeit mark per type of goods or services, and up to $2,000,000 per mark for willful counterfeiting.
• Data privacy and consumer protection: Statutes such as the TCPA and FCRA authorize per-violation awards, enabling class actions even when individual harm is minimal.

Key limitations

• Registration prerequisites. Copyright owners must register before infringement begins, or within three months of first publication, to elect statutory damages. Late registration limits recovery to actual damages only.
• Election of remedy. In copyright cases, plaintiffs must affirmatively elect statutory damages in lieu of actual damages—they cannot receive both.
• Per-work or per-violation caps. The statutory ceiling applies per work infringed, not per infringer or act of copying.
• Judicial discretion. Courts retain discretion within the statutory range. A valid claim does not guarantee a maximum award.
• Statutory authorization required. Statutory damages are not available in every civil case, only where a specific statute expressly permits them.

Statutory damages vs. actual damages

Actual damages compensate for provable financial losses. Statutory damages are awarded based on the statute's prescribed range, not demonstrated harm. In copyright cases, plaintiffs must choose between the two before final judgment. Statutory damages are typically preferred when actual losses are hard to quantify or when willful infringement pushes the statutory ceiling above likely actual losses.

Related terms and next steps

Timely copyright and trademark registration are the foundational steps that preserve access to statutory damages. Common-law trademarks matter here, as common-law rights alone do not support statutory-damages claims under the Lanham Act's counterfeiting provisions. Proper legal notice of rights can also affect willfulness findings in infringement disputes.

FAQs about statutory damages

What is the difference between statutory damages and punitive damages?

Statutory damages arise from a specific statutory violation and are confined to the legislatively established range. Punitive damages are awarded on top of compensatory damages for malicious or grossly negligent conduct and are not bound by a predetermined range.

Can a plaintiff receive attorney's fees in addition to statutory damages?

In copyright cases, timely registration unlocks both remedies. A prevailing plaintiff may be awarded attorney's fees alongside a statutory damages election, provided the registration prerequisite is met.

How does a court decide where within the statutory range to set the award?

Courts consider the defendant's culpability, the plaintiff's lost revenue, the infringer's profits, and the need for deterrence. A defendant who knowingly and commercially copied a work can expect an award closer to the statutory ceiling, while a good-faith infringer may receive an award near the minimum.