April 29, 2025

Copyright Infringement: How Are Damage Amounts Determined?

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When you spend hours (or even years) creating something original—whether it’s a book, a logo, a song, or a brand—you want to make sure it’s protected. In the Philippines, registering your copyright or trademark with the Intellectual Property Office of the Philippines (IPOPHL) gives you that protection.

Now, it’s important to be clear: registration doesn’t automatically stop people from trying to copy or profit from your work. Sadly, that can still happen. But with registration, you have the legal right to fight back and claim damages.

So, how do courts or IPOPHL decide what you’re owed if someone steals or misuses your work? There are three main ways:

1. Statutory Damages

Think of this as a fixed amount set by law. It’s there to help when it’s hard to measure exactly how much money you lost. Courts can award anywhere from ₱50,000 up to ₱1,000,000, depending on how serious the infringement is. If the violation was deliberate or repeated, the amount can be even higher.

👉 Real-world example: When TV shows or movies get pirated and sold on the street, networks like ABS-CBN and GMA have gone after pirates in court. Even if they can’t prove the exact peso amount lost, the court can still impose statutory damages as a penalty.

2. Actual Damages

This is about real, provable loss. If you can show sales records, contracts, or other proof that the infringement cost you money, you can claim those losses.

👉 Example: Let’s say you designed a unique clothing line, and another shop copied it without permission. If your sales dropped while they were selling the fake version, you could claim that lost income as actual damages.

3. The Infringer’s Profits

Sometimes, the infringer actually makes more money from your work than you lost. In that case, you can go after their profits instead. The law doesn’t allow them to keep money they earned from stealing your creation.

👉 Example: In cases involving brand names, Philippine courts have ordered companies that profited from someone else’s trademark to hand over the profits they made from the infringement.

Why Registering with IPOPHL is So Important

Here’s the truth: copyright exists the moment you create your work. But registering it with IPOPHL makes your rights much stronger in court. For trademarks, registration is non-negotiable—it’s what gives you the exclusive right to use your brand and stop others from copying it.

If you wait too long to register, your options may be limited. Early registration means you’ll have the full backing of IPOPHL and the courts if a dispute arises.

In short:

  • Statutory damages = when you can’t show exact losses.
  • Actual damages = your real, provable financial loss.
  • Profits = what the infringer earned from your work.
  • Registration = your best defense.

💡 Bottom line: Protect your work early. Whether you’re an artist, startup founder, or business owner, registering with IPOPHL gives you the power to stop copycats and claim what’s rightfully yours.