Copyright infringement means unlawfuluse of workenclosed under copyright law. Such work violates the rights of the copyright owner’s sole rights over the product. So, only the owner will have the right to replicate or implement any further amendments or derivatives to his work. The Copyright Infringement Damages, as per the law includes three types of solutions for infringement damages.
- The first is to pay actual lost profits to “repair” the damage;
- The second is to prevent infringers from profiting from this illegal act and
- The third one is to pay the statutory damages in case one is unable to prove actual damages or profits.
A main idea behind this federal statute is to establish that any credit constructed on the basis of copyright owner’s damages, will be called infringement. Due to the nature of damages and difficulties of evaluating the awards, there is a need to involve a qualified copyright infringement expert witness for the testimonies. They have a lot of experiencein providing infringement damage reports and testimonies to the courts.
Today the world offers amazing innovationsbut this environment creates higher risks than before. Looking at the scenario, a few companies have started deliveringservices of expert witnesses specific to industry. When it comes to IT companies, the specific focus and the issues revolve mostly around intellectual property. The expert witnesses in IT industry give their testimonies in relation to systems, software, and ERP project failures, etc. They do the job of determining whether and to what extent software copyright infringement, idea theft or patent breach has taken place. They use special tools and forensic services like code comparisons to check infringements. The software and hardware environments have advanced and fourth-generation, coding tools and languages are used, the witness must be highly skilled than ever before. He needs to pull broad experience and expertise in software engineering, programming, project estimation etc. Proper forensic automated tools must be used to find out critical “similarities” to expose and report. They help us determine how, when, whom, what and to what extent the intellectual has been misappropriated or stolen.