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The Copyright Act permits a copyright owner to sue for infringement and to recover, among other things, statutory damages of up to $150,000 for each copyright infringed. Damages are set by the statute in a fixed amount as an alternative to actual damages. Statutory damages are often sought when actual damages are difficult to determine. The Copyright Act also permits the copyright owner to recover actual damages—it is the plaintiff’s choice and, logically, a plaintiff will elect to recover statutory damages if that amount exceeds actual damages.
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