What are DMCA statutory damages?
The DMCA itself is a takedown and safe-harbour framework, but the underlying copyright statutory damages come from 17 U.S.C. section 504(c): $750 to $30,000 per work infringed, up to $150,000 per work for willful infringement, and as low as $200 for innocent infringement. These apply to online infringement once you sue for the underlying copyright violation.
Do I need to register to get statutory damages for online infringement?
Yes. Statutory damages and attorney fees are only available if the work was registered with the US Copyright Office before the infringement began, or within 3 months of first publication. A DMCA takedown notice does not require registration, but suing for statutory damages does.
What is a DMCA takedown notice?
Under 17 U.S.C. section 512, a copyright owner can send a takedown notice to an online service provider (host, platform, ISP) identifying infringing material. To keep its safe harbour from liability, the provider must promptly remove or disable access to the material. The user can file a counter-notice to have it restored.
Can I be liable for a false DMCA takedown?
Yes. Section 512(f) creates liability for anyone who knowingly materially misrepresents that material is infringing in a takedown notice — or that it was wrongly removed in a counter-notice. Courts (e.g. Lenz v. Universal) require considering fair use before sending a takedown. Damages and attorney fees can be awarded.