I recently discussed Sony BMG’s infringement of my copyright with a lawyer. I have not taken any action against Sony BMG so far for the following reasons:
- Statutory damages are only available if the work was registered with the U.S. Copyright Office before the infringement occurred.
- Proving actual damages of any substantial amount will be very difficult due to the fact that the work was licensed under the GPL.
I will be registering my future works with the Copyright Office and releasing my works under a different license (possibly GPL + a liquidated damages clause).