Copyright Statutory Damages Estimator

This tool shows the statutory bounds of a copyright infringement claim under 17 U.S.C. § 504(c). It is not a prediction: within the range, the judge or jury picks the figure, and most real awards land far below the ceiling. What the statute does fix is the floor, the ceiling, the per-work math, and, through § 412, whether statutory damages are available at all. Runs entirely in your browser. Educational only, not legal advice.

Statutory damages are awarded per work, not per copy. Ten uses of one photo is one work; one use each of ten photos is ten works. All parts of a compilation count as one work.

How to read the numbers

  • Courts set the figure within the range. Section 504(c)(1) gives the fact-finder discretion between the floor and the ceiling "as the court considers just." In practice, ordinary commercial misuse tends to land in the low four to low five figures per work; the top of the willful range is reserved for egregious, well-documented conduct.
  • The § 412 gate controls everything. If the work was not registered before the infringement began (or within the 3-month grace period after first publication), statutory damages and attorney's fees are off the table entirely, and the owner is limited to provable actual damages and attributable profits under § 504(b).
  • Willfulness raises only the ceiling. A willful finding lifts the maximum to $150,000 per work; the $750 floor stays. An innocent-infringement finding can lower the floor to $200 per work but does not change the $30,000 ceiling.
  • The plaintiff elects statutory damages instead of actual damages, and can do so any time before final judgment. Either side may demand a jury on the amount (Feltner v. Columbia Pictures Television, 523 U.S. 340 (1998)).

Sources: 17 U.S.C. § 504 and 17 U.S.C. § 412 (Cornell LII). For award patterns and strategy, see our full guide to copyright statutory damages.

Educational tool, not legal advice. This estimator shows statutory bounds, not what a court would award. Actual exposure depends on the facts, the forum, and the evidence. If you have received a demand letter or been sued, talk to a licensed attorney.