This article is part of an IP-Watch and Infojustice.org series analyzing the Trans Pacific Partnership intellectual property provisions by leading experts around the world. The series will publish weekly through the first quarter of 2016.
During the negotiation of the Trans-Pacific Partnership Agreement, many concerns were voiced about how TPP would mandate adoption of U.S. style statutory damages. Under the U.S. Copyright Act, a court can award damages of up to $30,000 per work infringed, which can be ratcheted up to $150,000 per work infringed in cases of willful infringement. Scholars have found that statutory damages in the U.S. have discouraged investment in innovative technologies while incentivizing the emergence of copyright trolls.
So how bad is the statutory damages provision in the final TPP agreement?