Facts that move the number
Registration timing often matters more than anything else, because it decides whether statutory damages and attorney's fees can be sought in court. The count of works matters as well, since statutory awards are generally figured per work infringed rather than per copy, so a single photograph used many times is usually one work. Courts also consider the infringer's state of mind, and willfulness can push an award higher. A license fee the owner regularly charges for similar uses is often the anchor for actual damages, which is why licensing history carries so much weight.
When profits are part of the claim
If the infringer earned money from the use, the owner can seek profits attributable to the infringement that are not already counted in its own losses. Profits from a product that merely includes a small infringing element are typically apportioned, so the question becomes how much of the revenue the copied material actually drove. Separate claims can arise when copyright management information, such as a photographer's credit or watermark, was removed, and those carry their own remedies. Courts can also order infringing copies impounded or destroyed and issue injunctions, which may matter more to some owners than money.
Weighing a demand or a claim
If you received a demand, check the registration dates, the scope of any license you or a vendor held, and when your use began and ended before paying or arguing. Take the material down if you can, but first keep a copy of the page showing how it was used. If you are the owner, gather licensing records, registration certificates, and evidence of the use. In a first meeting we work through what a court could realistically award, what getting there would cost, and whether a license fee or the Copyright Claims Board makes more sense. Insurance may also be relevant, since some media and business policies cover infringement claims.
