In contract law, actual damages refers to money
paid as compensation for loss or injury when a contract is
breached. The idea is to restore the injured party to the
economic position they were in when they entered into the
contract. For example, you are a photographer and find
that someone has put a your copyrighted photograph on his or her
website without your permission. Your photograph has
been on the offending website for three years before you
discover it.
You contact a lawyer who then contacts the owner
of the offending website and demands actual damages for the
unauthorized use of your photograph. This may be a certain
amount of money per month for each month that your photograph
was on the website without permission. For example, if
your photograph normally leases for $15 per month for use on
websites and was on the offending website for 30 months, the
website owner might be asked to pay $450 in actual
damages. This is the amount of money you would have made
if the offending website had leased the photograph at the
regular rate. If the owner refuses to pay, you may sue the
owner for copyright infringement and further damages.
If you have received a letter stating that you
have infringed upon a copyright and are being asked to pay
actual damages or if your work has been infringed upon, contact
us. We may be
able to help. We can put you in touch with an affordable
contract lawyer in your state. Our rates are very
reasonable. We've helped thousands of people get the legal
assistance they need.