Copyright attorney, can I also receive damages for copyright infringement?

Hello. I am the copyright attorney at Daeryun Law LLC.

You asked about damages in the event of copyright infringement.

Under Article 125 of the Copyright Act, the profit that a person who infringed a copyright gained through the infringing act is presumed to be the amount of damage.

Put simply, the profit that an infringer gained by using the work without authorization can be regarded as the loss suffered by the victim.

In addition, the amount that the copyright holder could have received had they duly exercised the right can also be calculated as the amount of damage.

In this case, the copyright holder can claim damages on this basis, and where the actual amount of damage exceeds the above amount, they can also claim damages for the excess.

In addition, the Copyright Act allows the amount of damage to be recognized through the statutory damages system.

The statutory damages system refers to a system that allows a certain amount fixed by law to be recognized as the amount of damage even if the copyright holder does not prove the actual damage.

Against the infringer, the copyright holder can claim damages, until the closing of the fact-finding argument, within the range of 10 million won per work (50 million won in the case of an intentional infringement for a profit-making purpose).

However, to claim such statutory damages, the copyright must have been registered before the infringing act.

If the copyright was not registered, you must claim ordinary damages.

If you suffered property or emotional harm due to the other party's intent or negligence, you can claim damages based on Articles 750 and 751 of the Civil Act.

If you intend to proceed with a lawsuit claiming damages on the ground of copyright infringement, we recommend that you first receive a consultation with a copyright attorney.