Statutory damages for music copyright, explained
Short answer
In the US, a rights owner can ask for set damages per work instead of proving what they lost. The range is $750 to $30,000 per work, up to $150,000 per work if the infringement is found to be willful, and as low as $200 if it was truly innocent. It's counted per song, not per post, which is why lawsuits against brands list hundreds of works and headline numbers in the tens of millions.
The short version of the law
US copyright law lets an owner choose between two kinds of money when they win. They can claim their actual damages plus the infringer's profits, which means proving what the infringement cost them. Or they can claim statutory damages: an amount the court sets within a range written into the law, with no need to prove a specific loss.
For brands sued over music in social posts, labels usually reach for statutory damages. Proving that one TikTok cost Sony a specific number of dollars is hard. Pointing to a fixed range per song is easy.
The numbers
The ranges come from 17 U.S.C. § 504(c), summarised in the Ninth Circuit's model jury instructions (instruction 17.37):
Why it's per song, not per post
This is the part that surprises people. If your brand used the same song in 40 TikToks, that's generally still one work for statutory damages. But if your account used 300 different songs, that's 300 works. Label complaints against brands are long because each song is a separate line, and each line carries its own potential award.
Do the maths on a busy account and it gets uncomfortable fast. 200 songs at the ordinary maximum of $30,000 is $6 million. At the willful maximum it's $30 million. That's how a fashion brand's TikTok account turns into a headline number.
The rule has a wrinkle worth knowing: when several defendants are jointly responsible for the same infringement, one work supports one award between them. When they aren't jointly liable, separate awards can apply. That matters when a brand, an agency and a creator are all named.
What "willful" means in practice
Willful roughly means you knew, or recklessly ignored, that what you were doing infringed. Courts look at the facts. For brands, the warning signs that tend to come up are:
- Platform warnings you ignored, like muted videos or "this sound isn't available for business accounts".
- A letter from a label or publisher, followed by more posts with the same kind of music.
- Internal messages showing the team knew the music wasn't cleared.
- Switching to a personal or creator account specifically to get access to trending sounds.
- Boosting posts after being told the music was a problem.
The flip side is that a documented process helps. A brand that checks its content, fixes problems quickly and keeps a dated record is in a very different position from one that kept posting after a warning.
Innocent infringement is narrow
The $200 floor sounds like a safety net. In practice it's hard to reach. The infringer has to show they weren't aware and had no reason to believe they were infringing. A professional marketing team using famous songs in ads will struggle to argue it had no reason to suspect a licensing issue, especially now that these lawsuits are widely covered.
Registration matters to the owner, not to you
Statutory damages are generally only available for works registered with the US Copyright Office before the infringement began, or within a few months of publication. Major labels and publishers register their catalogs as a matter of routine, which is why their complaints list registration numbers next to every song. Don't assume a song is "unregistered" and therefore safe. For anything a major label releases, assume it's registered.
Where the headline numbers come from
When you read that a brand faces "up to $58 million", that number is usually the count of works in the complaint multiplied by $150,000. It's a ceiling, not a forecast. Most of these cases settle, and settlement amounts are rarely published. But the ceiling sets the tone of the negotiation, and legal fees alone on a case like this can run into six figures.
See every case we track, with the numbers claimed, on the lawsuit tracker.
A quick scenario
A mid-size apparel brand posts four times a day on TikTok and boosts the best performers. Over two years, its account and paid creators use about 140 different commercial songs. A label sends a demand listing 90 of them. Even if every song landed at the bottom of the ordinary range, that's $67,500 before legal fees. At the top of the ordinary range, $2.7 million. The brand settles. The cheapest moment to deal with those songs was the day each video was made.
What to do with this
- Count your songs, not your posts. The number of different songs across your account and paid creators is your real exposure.
- Stop the willful signals. Don't boost anything with a commercial song, and act on any mute or letter straight away.
- Keep a record. Dated proof that you checked and fixed things is the opposite of willful.
Want the count for your account? We'll list every song in your last 90 days, flag the ones named in lawsuits and give you a fix for each. First check from $500 for up to 100 posts, free if there's nothing to fix.
General information, not legal advice. Talk to a lawyer about your situation.
Common questions
Are statutory damages per post or per song?
Generally per work, meaning per song. Using one song in many posts usually counts as one work; using many different songs multiplies the exposure.
What is the maximum for one song?
Up to $150,000 per work if the infringement is found to be willful. The ordinary range is $750 to $30,000 per work.
Can I argue I didn't know?
Innocent infringement can lower the minimum to $200, but it's narrow. A professional brand using famous songs in ads will find it hard to argue it had no reason to suspect a problem.
Does deleting the posts make it go away?
No. Rights owners record posts, and past use can still be claimed. Deleting does help limit further exposure and shows you acted.
Do these numbers apply outside the US?
No. Statutory damages are a US concept. Other countries handle copyright damages differently, though many still allow significant claims.
Part of: Lawsuits and claims
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General information, not legal advice. Platform rules and licenses change; check the current terms or ask your lawyer about your situation. Lawsuit figures are as reported and represent claims, not findings, unless noted.