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What are “statutory damages,” and when are they applicable?​

Statutory damages are a predetermined amount of money that a plaintiff can be awarded in a legal case, as established by a specific statute or law. Statutory damages are set by the law itself and don’t require proof of actual injury. They are often used in cases where determining the exact amount of damages would be difficult. 

Statutory damages are applicable in situations where the law specifies a fixed or range of damages for certain types of legal violations. These laws are designed to simplify the process for plaintiffs and ensure that they receive a form of compensation even if quantifying actual harm is challenging. Common examples of laws that include statutory damages provisions are the copyright Act, the Telephone Consumer Protection Act, and the Lanham Act for trademark violations. 

These provisions help ensure that plaintiffs can pursue legal action even when the financial harm is difficult to quantify, and they serve to promote broader compliance with the law. 

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