Terminology



COMPENSATORY DAMAGES:  Damages awarded as compensation, to restore the injured party to the position he or she was in prior to the copyright infringement.


COPYRIGHT:  
Refers to laws that regulate the use of the work of a creator, such as an artist or author. This includes copying, distributing, altering and displaying creative, literary and other types of work. Unless otherwise stated in a contract, the author or creator of a work retains the copyright.

For a copyright to apply to a work, it must be an original idea that is put to use. The idea alone cannot be protected by copyright. It is the physical use of that idea, such as an illustration or a written novel, that is covered under copyright law.

DERIVATIVE WORKS:  Those works that are based upon an artist's original works, but do other things to them—such as colorizing them, adding sparkles, elements, removing backgrounds; in other words, anything NOT part of the original work.

EXEMPLARY/PUNITIVE DAMAGES:  Damages awarded to the injured party over and above those 'compensatory' damages.  Exemplary damages are awarded to the injured party on an increased scale to punish the defendant for their willful and malicious conduct toward the Plaintiff (injured party). 

INJUNCTION:   A preventative and protective remedy, aimed at future acts, and is not intended to redress past wrongs, e.g.  the court issued a  permanent injunction enjoining the plaintiff and others involved with selling infringed works from doing so now and in the future.

STATUTORY DAMAGES:  Damages that result from statutorily created causes of action, e.g. 
§504 Federal Copyright Act, a copyright owner has the right to collect statutory damages in lieu of actual damages for copyright infringement.

TREBLE DAMAGES:  Damages given by statute in certain types of cases; consisting of the single damages found by the jury and actually tripled in amount.  In some states, and some cases exemplary/punitive damages are awarded as treble damages.