Copyright attorney, can I receive damages for copyright infringement?

Hello. I am a copyright attorney at Daeryun Law Firm (LLC).

You asked about damages in case of copyright infringement.

Under Article 125 of the Copyright Act, the profit obtained by a person who infringed copyright through the infringement act is presumed to be the amount of damages.

In simple terms, the income obtained by the infringer through unauthorized use of the copyrighted work may be regarded as damage suffered by the victim.

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

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

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

The statutory damages system refers to a system that allows a copyright holder to have a certain amount set by law recognized as the amount of damages even without proving actual damage.

The copyright holder can claim damages against the infringer up to 10 million won per work (50 million won in case of intentional infringement for commercial purposes) before the conclusion of arguments at the fact-finding trial.

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

If the copyright is not registered, you must claim general damages.

If you have suffered property or mental damage 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 wish to proceed with a damages claim lawsuit on the grounds of copyright infringement, we recommend first receiving consultation from a copyright attorney.