Copyright Infringement Damages/Monetary Remedies

At Hampton IP, we understand how important intangible assets and intellectual property (IP) are to the success of your business. IP is likely the key to your business identity, mission, and success. Our consultants and intellectual property valuation experts have the experience to help you quantify lost profits, calculate infringing revenue, subtract deductible costs, and determine a reasonable royalty and apportion to the business enterprise.

Protecting the Creations You’ve Worked to Develop

We take IP damages seriously, particularly when it comes to the enforcement of copyrights. IP is our chosen practice area and the focus of what we do. Intellectual property is not a side practice or a secondary emphasis for us. We have specific knowledge, skill, and practical experience you expect from a seasoned copyright-damages firm.

What Makes Hampton IP Different?

Our economic experts take a team approach to gather supportive evidence and calculating monetary remedies. We have experts who draw on years of experience calculating copyright monetary remedies in the music, artistic, apparel, print, advertising, photography, television, and motion picture industries. 

With our in-depth understanding of copyright law relating to damages and monetary remedies, we provide current, persuasive, fact-based written and oral expert witness testimony supported by the evidence and in conformity with recent court opinions.

Why We Are the Preferred Choice

• We bring professional competence to each engagement.
  We know copyrights and the unique body of law that governs copyright monetary remedies.
• Hampton IP economic experts and consultants are very conscientious and efficient.
  We have written hundreds of intellectual property Rule 26 Reports–something few of our competitors have done.
• We are persuasive because we know copyright remedies.
  We have been deposed and cross-examined by some of the country’s finest IP attorneys.
• We will help you develop a winning case strategy.
  We help streamline your discovery requests, craft effective Rule 26 Reports, and persuade judges and juries at trial.

What is Copyright Infringement & IP Valuation

A copyright is legal protection provided to authors of original works of authorship, including literary, dramatic, musical, artistic, and other intellectual works. Federal registration can also enhance the legal protection granted. The United States Constitution grants Congress the power to promote the progress of science and useful arts by securing, for a limited time, to authors the exclusive right to their writings.

 Congress passed the first copyright statute in 1790. One of the latest revisions to the Act is the Copyright Act of 1976, which revised the prior Copyright Act of 1909. The Digital Millennium Copyright Act of 1998 revised the 1976 Copyright Act to give safe harbor to Internet service providers. The 1976 Act allows for federal copyright protection at the moment of fixation of an original work of authorship in a tangible medium of expression. The fixation need not be permanent. Categories of copyrightable works include literary, musical, dramatic, pantomimes and choreographic, pictorial, graphic, sculptural, motion pictures, audiovisual, sound recordings, and architectural works.

The 1976 Act further changed the rules with regard to notice, registration, and deposits. Federal protection is provided at the time of fixation without the need to include notice of the copyright or registration. However, copyright registration is a prerequisite for filing an infringement action and requesting statutory damages. Rights associated with copyrights are limited in certain instances. One limitation is the “fair use” exemption; which allows limited use of copyrighted works without permission for commentary, criticism, news reporting, research, teaching, library archiving, and scholarship.

Copyright owners can recover actual damages suffered as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.

The Digital Millennium Copyright Act of 1998 (“DMCA”), among other things, defines a set of safe harbors that may enable Internet service providers (“ISPs”) to limit their liability for infringing activities of their users. The DMCA may give ISPs protection regarding cashing, information storage, and information location tools.