Section 504. Remedies for infringement: Damages and profits [4]
(a) In General. Except as otherwise provided by this title, an infringer
of copyright is liable for either-
(1) the copyright owner's actual damages and any additional profits of
the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits. The copyright owner is entitled to
recover the actual damages suffered by him or her 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. In establishing the infringer's profits, the copyright owner is
required to present proof only of the infringer's gross revenue, and the
infringer is required to prove his or her deductible expenses and the
elements of profit attributable to factors other than the copyrighted
work.
(c) Statutory Damages.
(1) Except as provided by clause (2) of this subsection, the copyright
owner may elect, at any time before final judgment is rendered, to
recover, instead of actual damages and profits, an award of statutory
damages for all infringements involved in the action, with respect to
any one work, for which any one infringer is liable individually, or for
which any two or more infringers are liable jointly and severally, in a
sum of not less than $750 or more than $30,000 as the court considers
just.
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