“Since 1997, Canada’s copyright regime has allowed a copyright holder to choose statutory damages instead of compensatory damages for copyright infringement. The reason the Copyright Act provides ‘for statutory damages in lieu of damages and profits is because actual damages are often difficult to prove and it is only the promise of statutory damages that will induce a copyright owner to invest and enforce his copyright and only the threat of a statutory award will deter infringers by preventing their unjust enrichment’. Statutory damages award ranges differ based on whether the copyright infringement was for commercial or non-commercial purposes …” (more)
[Giovanni Giuga, Ottawa Law Review Blog, 24 July]
First posted 2022-07-25 14:30:04
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