What if an infringer claims they made no money from the use of a photo?

cameraCC0Whether the infringer made any money from the infringement makes no difference in terms of proving copyright infringement itself. If the infringer made a large profit, this could result in higher actual damages, because such damages can be based on the infringer’s profits. However, even if the infringer made no money, actual damages based on the plaintiff’s losses or statutory damages can still be applied.

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