Copyright Damages Expert Witness

Copyright is a form of protection provided by the laws of U.S. to those who create “original works” including literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, and television or sound broadcasts.

Owning copyrights gives an individual or organization the exclusive legal right to print, publish, perform, film, or record those “original works” or to give permission to other people to do so. When a copyright violation occurs, the copyright holder may have the right to financial compensation including their lost profits and the defendant’s profits made due to the infringement.

17 U.S. Code § 504. Remedies for infringement: Damages and profits

Determining Copyright Violations & Valuations

To get the lost profits, the copyright owner must prove in court that the defendant’s violation of their rights caused them economic damage and show the amount of that injury.

This is where the copyright damages expert comes in. Lawyers bring expert witnesses into court to help provide information and background that the judge or jury would not ordinarily have. Information about damages from violated copyright is not considered “general knowledge.”

Expert Damages Assessment

In a copyright case, it is the copyright damages expert who explains to the court what damage the plaintiff has suffered. The expert then provides the court with data showing how the market would have behaved if the copyright violation had never occurred. It is the expert’s job to tell the judge or jury the amount of money the plaintiff lost by having their copyright violated.

A copyright damages expert might also be called on to testify to how much money the defendant made due to the infringement. To get these numbers, the expert must possess the specialized skills needed to analyze specific market conditions that existed when the copyright violation occurred and the effects of time on the profits in question. We have the experience, knowledge, and credentials to be highly effective as an expert witness in any copyright damages case.

Consult with a copyright damages expert.

For a consultation or copyright assessment please contact us.