Statutory Damages: The Fuel of Copyright-based Censorship

We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation. Imagine every post online came with a bounty of up to $150,000 paid to anyone who finds it violates opaque government rules—all out of the pocket of the platform. Smaller sites could be snuffed out, and big platforms would avoid crippling liability by aggressively blocking, taking down, and penalizing speech that even possibly violates these rules. In turn, users would self-censor, and opportunists would turn accusations into a profitable business. This dystopia isn’t a fantasy, it’s close to how U.S. copyright’s broken statutory damages regime actually works. Copyright includes "statutory damages,” which means letting a jury deci