IF I PROVE COPYRIGHT INFRINGEMENT WHAT CAN I EXPECT TO RECOVER?

Where someone has infringed your copyright by copying, for example, design of a product which you manufacture the infringer will be required to pay either, at your option, your damages or the infringer’s profits.

Damages are usually calculated according to the amount of money the copyright owner has lost in sales as a result of sales of the infringing product and sometimes damage to product reputation.

As an alternative, copyright owners are entitled to seek an account of profits. This means that the infringer will be liable to pay the net profit made by the infringer on sales of the infringing product.

The copyright owner can also be entitled to flagrancy damages if the infringement was a blatant attempt to make use of the owner’s copyright. This means that the monetary consequence for copyright infringement can be very significant.