Statutory damages in copyright

摘要

There is growing pressure around the world for countries to introduce statutory damages in copyright. By calculating damages with reference to the extent of the infringement rather than the extent of the loss suffered, these systems aim to compensate plaintiffs even where actual loss is difficult to prove, and to punish and discourage copyright infringement. However, the experience of the United States in particular raises doubts over the desirability of these schemes. This article examines the development of and theory behind statutory damages, drawing a contrast with the current Australian system, to reach two main conclusions: that the most appropriate role for damages in copyright is compensatory; and that our current system is more suited to this role than any of the proposed models of statutory damages.