Registration and statutory copyright damages

Southern Credentialing showed that Hammond infringed its “credentialing packets” used for hospitals in making privilege decisions. The trial court found non-willful infringement and awarded statutory damages; Hammond appealed, arguing that such damages were not available when the alleged infringement occurred before Southern Credentialing registered its copyrights. The Fifth Circuit held: “[S]ection 412 bars statutory damage awards when a defendant violates one of the six exclusive rights of a copyright holder preregistration and violates a different right in the same work after registration. Any other conclusion would be inconsistent with the Copyright Act, which does not distinguish between ‘different’ infringements.” Southern Credentialing Support Services, LLC v. Hammond Surgical Hospital LLC, No. 18-31160 (Jan. 9, 2020).