Because they allow recoveries of up to $150,000 per infringed
work, statutory damages are a powerful copyright remedy.
Defendants, of course, try to avoid statutory damages. In Energy Intelligence Group, Inc. v. Kayne Anderson
Capital Advisors, L.P., a defendant argued that a copyright
owner should not be entitled to statutory damages because of its
"litigious business strategy."
In the case, the publisher of a daily oil industry newsletter
sued an investment firm for copyright infringement. The publisher
alleged the firm circulated the newsletter to more employees than
allowed by the subscription agreement. The trial evidence showed
that the publisher was aware of the firm's ongoing infringement
as early as 2007, but waited until 2014 to file suit. Indeed, the
publisher's director of sales testified that "My number
one priority [is] contributing to litigation efforts."
