How the infringement damages are calculated (EU countries) if there are few images failed to licence for copyright. For example, if the profit of a publication is 1000 USD and there are 3 images out of 100 images is the penalty a percentage of this profit or how is it decided? Can the one suing part pretend twenty times, 50 times 100 times as much as the profit?
closed as off-topic by JP Chapleau, Thomo, Cyn, Ken Mohnkern, Sweet_Cherry Dec 11 '18 at 21:31
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Disclaimer: I'm not a lawyer. The following is my understanding from reading about such cases in the news. If you need legal advice, you should consult a lawyer.
The amount of the penalty for copyright infringement depends on multiple factors:
- the type and size of the company that infringed on the copyright
- that company's revenue and possible gains through the infringement
- the "seriousness and extent" of the infringement (that's a legal term)
- the guiltiness (was the infringer aware of the infringement?)
- the danger of the infringer infringing again against the same or other copyrights
- the infringer's behavior after (s)he learned that (s)he had infringed (did (s)he stop the infringement or keep on doing it?)
- the financial loss of the infringed upon party (you may sell a stolen image for 50 Cent, but the copyright owner might have been selling the image for 1000 Euro)
As you see, it is quite impossible to know how a court of law would decide in a given case, especially since some of these are rather subjective criteria. All will depend on the persons involved in the court case (including judge, lawyers, perpretrator, victim, and, of course, the media and the public, if the case is covered in the news).