What are the statutory damages for unauthorized use of copyrighted images on a commercial site?
In the United States, statutory damages for willful copyright infringement of images are codified under 17 U.S.C. § 504(c), ranging from $750 to $30,000 per infringed work, with the ceiling elevated to $150,000 per work if the plaintiff proves willful conduct. Courts determine the exact amount by weighing factors such as the infringer's profits, the market value of the licensed image, and the deterrent effect of the penalty. For non-willful infringement, the minimum statutory damage floor is $200 per work. It is critical to note that registration of the copyright with the U.S. Copyright Office prior to the infringement, or within three months of publication, is a prerequisite for claiming statutory damages and attorney's fees; without timely registration, the rights holder is limited to actual damages and disgorgement of profits, which are often substantially lower and more difficult to prove.