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The Copyright Act provides plaintiffs the opportunity to recover statutory damages in lieu of actual damages. The amount of statutory damages that a plaintiff can recover ranges from $750 to $150,000, depending primarily on whether the infringement was innocent or willful. In a situation involving peer-to-peer file sharing where a defendant may have downloaded and shared hundreds and thousands of copyrighted works, a statutory damages award (particularly where it is found that the infringer was acting willfully) can soar into the millions of dollars.

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