US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 17.35
Copyright—Damages—Actual Damages
(17 U.S.C. § 504(b))
The plaintiff [name] is entitled to recover the actual damages suffered as a result of the infringement. Actual damages means the amount of money adequate to compensate the copyright owner for the reduction of the fair market value of the copyrighted work caused by the infringement. In determining actual damages, you should consider the following:
[The amount a willing buyer would have been reasonably required to pay a willing seller at the time of the infringement for the actual use made by the defendant [name] of the plaintiff [name]’s work] [;] [and]
[The profits the plaintiff [name] should have received for any sales lost because of the infringement. Profits are the gross revenue the plaintiff [name] would have made on sales that did not occur because of the infringement minus additional expenses the plaintiff [name] would have incurred in making those sales] [;] [and]
[Insert any other factors that bear on the plaintiff ’s actual damages].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
9a4cd36f32e5b0e1956c744bc7105b4b20a9d6900ac78f18fb8447c99b0280f5
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