We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What are Statutory Damages?

By Felicia Dye
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Statutory damages are a type of award that can be granted by a court to a plaintiff in a case where statutory law is violated. These damages are pre-established and included in the text of the legislation to which they pertain. This is generally done because such cases involve circumstances where the calculation of a plaintiff’s actual entitlement, also known as compensatory damages, would be either difficult or impossible. Examples of cases where statutory damages are likely to be awarded include patent infringement and public policy violations.

Regulations set by a legislature are known as statutory laws. Statutory damages may be outlined in those laws. These are sums of money victims are entitled to when people break those laws and other people are harmed.

When cases are argued in court, a plaintiff is often able to outline certain expenses or losses she incurred as a result of the defendant’s actions. If the plaintiff wins the case, the court may award her compensatory damages. These generally cover the amounts she has argued for.

With cases involving statutory damages, arguments regarding how much a person is entitled to are generally not necessary. Specific costs that may be considered in these cases are court costs and attorney fees. The plaintiff, however, generally bears no burden to prove she is worthy of the amount awarded to her by the court.

Many critics of statutory damages argue that they are often excessive. It is common for statutory law to outline an award range instead of setting a specific amount. The award may also be subject to special conditions.

The ability to receive statutory damages is one of the benefits creators receive when registering works with the US Copyright Office. Copyright and trademark infringement cases are good examples of instances where this type of damages is commonly awarded and actual damages could be difficult to calculate. In these cases, the victim has the right to choose whether she wants to receive actual damages and costs or statutory damages, which will be determined by the court and will be within the range outlined by the law.

If she chooses statutory damages and the infringement is deemed intentional, the court is granted permission by the law to exceed the range up to a given amount. If it is found that the infringement existed but was unintentional, the court can reduce the award below the range to a provided minimum. These are examples of what are often considered special conditions.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By Logicfest — On Jul 21, 2014

@Terrificli -- Wrong? Not really. In most of cases setting statutory damages, either a specific amount is considered or the courts are obliged to award only reasonable damages. Legislators know that lawyers tend to churn fees if given the chance and give courts the authority to not reward that practice. Quite often, a lawyer will petition the court for a certain fee and get a much smaller one. That is how it goes.

And statutory damages are great public policy. In your breach of contract example, awarding attorneys fees might persuade people to follow through on their contracts. Businesses can't function if people violate contracts right and left, so it is in society's best interest to encourage people to live up to their contractual agreements.

If the prospect of paying a bunch of lawyers' fees inspires people to honor their contracts, so be it.

By Terrificli — On Jul 20, 2014

It is right for people to attack those as being excessive because they often are excessive. In my state, the winner in a breach of contract case is awarded attorney's fees by state statute.

Why on earth would the state legislature give someone a blank check like that? You just know that lawyers in this state know about that statute and run up those hours like crazy if they are fairly certain they will win a case. That's just downright wrong and benefits no one but a bunch of lawyers.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.