copyright remedies
Can a court award percentage of revenue as copyright infringement remedy?
<p>If someone infringes my copyright and has been using my software to run their profitable business for years &ndash; e.g., a tariff company has been using my tariff collection software &ndash; can I specifically request that damages include a portion of revenue collected via the use of my IP? If so on what grounds?</p>

<p>Under <a href="https://www.law.cornell.edu/uscode/text/17/504" rel="nofollow">17 USC 504(b)</a>,</p>

<blockquote>
  <p>The copyright owner is entitled to recover the actual damages suffered
  by him or her as a result of the infringement, and <em>any profits of the
  infringer that are attributable to the infringement</em> and are not taken
  into account in computing the actual damages.</p>
</blockquote>

<p>Plaintiff has to establish gross revenues, then defendant has to establish deductibles "the elements of profit attributable to factors other than the copyrighted work". Under UK law, the <a href="http://www.legislation.gov.uk/uksi/2006/1028/pdfs/uksi_20061028_en.pdf" rel="nofollow">2006 Intellectual Property Regulation</a>, this would also fall under the category of damages and as specifies in 3(2)(a)(i) includes</p>

<blockquote>
  <p>the negative economic consequences, including any lost profits, which
  the claimant has suffered, <em>and any unfair profits made by the
  defendant</em></p>
</blockquote>
