Licence fee damages

There have been many attempts to explain licence fee damages, but controversy persists over how they should be understood and when they should be available. Recent cases treat them as a form of restitution for wrongs and cast doubt on the traditional rule by which they are available only for the infringement of property rights. I discuss the best way to understand licence fee damages and when they should be available. The discussion involves some consideration of the appropriate response to wrongdoing and the protection of property rights.