Other Potential Damages

Even though Section 504(c) may protect you from statutory damages, should a court determine your use was not fair, there are other potential damages of which you should be aware

  • "Actual" Damages — If the copyright holder can prove that your use resulted in an actual loss of income (and your use was ruled NOT to be fair), you may be liable for that amount to the copyright holder
  • Attorney Fee Reimbursement Relief — If your use was ruled NOT to be fair, you may be liable to pay the copyright holder's attorney's fees
  • Injunction — The copyright holder may ask a court to grant an injunction against you, directing you to discontinue the use of the work (even prior to it being litigated). If you do not comply, damages may be assessed