It is important to first determine if the art work created by the claimant was protected by copyright laws. The work must be sufficiently unique and creative to qualify for protection. Additionally, courts may also look at whether any similarities between the defendant’s work and that of the plaintiff were coincidental or intentional copying in nature when making a ruling on copyright infringement cases.
The damages awarded may depend on the amount of profit made by the unauthorized usage and any financial losses caused. This could include punitive damage or other remedies, depending on each case’s specific facts.
After analyzing these factors, a recommendation can be made for either party based on what type of outcome would best represent justice in this situation considering everything presented thus far regarding both sides’ arguments and evidence provided. In the end, a ruling by a judge will determine who receives compensation (if there is any), after they have analyzed all of the relevant evidence.