Statutory damages

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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.

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