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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  • 1
    Hello Peter! Your question sounds very specific and maybe you should ask it on Law to get a real advice about licencing and copyrights? – kikirex Dec 10 '18 at 14:14
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    Yeah, I agree, this is a question about legal issues and would be better suited to Law.SE. – F1Krazy Dec 10 '18 at 19:04
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    I'm voting to close this question as off-topic because this should be moved to Law.SE – JP Chapleau Dec 10 '18 at 21:10
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    Welcome to Writing! Your question is in a borderline area of our scope and the community has put your question on hold. I encourage you to re-ask your question on Law; they are more expert in this area than we are. I could migrate this question (with its answer), but I don't know if the answer that's fine here meets their standards and I'd hate to see it get deleted. – Monica Cellio Dec 12 '18 at 17:12

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).

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