When filing a lawsuit, the holder of the infringed right can choose between the ordinary evidentiary system (expert opinions, documents, among others) or the new pre-established compensation mechanism. If the latter option is chosen and the infringement is proven, the party is relieved of proving the amount of damages: the judge sets the figure within the ranges of the decree, and this decision constitutes full compensation without the possibility of additional indemnities for the same acts.
The ranges vary according to the conduct. For infringements of copyright and related economic rights, the judge may order between 10 and 50 times the monthly minimum wage (SMLMV) per infringed work, with a ceiling of 100 SMLMV in cases of intent, bad faith, or recidivism, and a floor of between 1 and 10 SMLMV if the infringer acted in good faith. For circumvention of technological measures and manipulation of information for rights management, the ranges are from 6 to 20 and from 10 to 50 SMLMV, respectively. When claims of different types are accumulated, the overall limit is 500 SMLMV.
In all cases, the judge must consider factors such as the duration of the infringement, the number of copies, the geographic reach, and the work’s market recognition.
