Statutory damages are pre-established
damages for cases where calculating a correct sum is deemed difficult.
In
intellectual property cases (relating to
copyright or
trademark, for instance), it is often difficult for
plaintiffs to determine the exact volume of infringement. Thus, statutory damages are often calculated as a multiple of the price for the use of the infringed right.
Statutory damages exist also in other areas of law. For an example, see
Doe v. Chao which interpreted the statutory damages provision of the
United States Privacy Act of 1974.
See also
