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Guides2 min readUpdated May 12, 2026

Statutory Damages Explained

Statutory damages let you recover up to $150,000 per work without proving financial loss, but only with timely copyright registration. Here's how they work.

Statutory damages are the financial engine of copyright enforcement, and the single biggest practical reason to register early. They let a copyright owner recover a set range of damages without having to prove actual financial harm, which is often difficult and small.

What statutory damages are

When a work is registered in time, a court can award statutory damages instead of requiring you to prove your losses. The ordinary range is roughly $750 to $30,000 per work, at the court's discretion. For willful infringement, that ceiling rises to $150,000 per work.

Why they matter so much

In many infringement cases, a stolen photo, a pirated song, copied text, the actual financial loss is hard to quantify and may be modest. Without statutory damages, pursuing a claim often costs more than it could recover, so infringers face little risk. Statutory damages flip that calculation and make enforcement realistic.

Attorney's fees: the other half

Timely registration also makes you eligible to recover reasonable attorney's fees. That matters enormously: it means a lawyer can take a meritorious case knowing fees may be recoverable, and it pressures infringers to settle rather than run up costs.

The timing rule you can't ignore

Statutory damages and attorney's fees are only available if you registered before the infringement began, or within three months of first publication. Register after you've been infringed and outside that window, and you're generally limited to actual damages, no statutory damages, no fees. This is why creators register early rather than waiting until a problem appears.

A worked example

Suppose ten of your registered photographs are used commercially without permission. With timely registration, a court could award statutory damages per image, potentially adding up quickly, plus your attorney's fees. Without registration, you couldn't even file the suit. The registration that made that possible cost a flat fee up front.

Ready to register? FastCopyrightFiling.com prepares and files your copyright registration with the U.S. Copyright Office, government fees included, and files within 2-3 business days. Start your registration or see pricing.

Frequently asked

How much are statutory damages?
Generally $750 to $30,000 per work at the court's discretion, rising to as much as $150,000 per work for willful infringement. They're available only with timely registration.
Do I have to prove my losses to get statutory damages?
No, that's the point. Statutory damages can be awarded without proving actual financial harm, which is what makes them so valuable when real losses are hard to quantify.
When must I register to qualify?
Before the infringement begins, or within three months of first publication. Outside that window you're generally limited to actual damages and cannot recover attorney's fees.

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