What are the penalties for copyright infringement?

In general, anyone found guilty of civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed.

Table of Contents

Is copyright infringement a federal law?

Copyright infringement is generally a civil matter, which the copyright owner must pursue in federal court. Under certain circumstances, the infringement may also constitute a criminal misdemeanor or felony, which would be prosecuted by the U.S. Department of Justice.

What are the possible remedies for a copyright infringement?

Remedies for copyright infringement can include:

payment to the copyright owner of any profits the infringer received and of any losses suffered by the copyright owner, or ‘statutory damages’ as an alternative to actual profits and losses;
a court order restraining the infringer from continuing the infringing activity;

What happen if you use copyrighted material without permission?

If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission.

What happens if your caught copyrighting?

Any individual or business that infringes copyright can face legal action. Infringement is usually treated as civil offence but can, in certain circumstances, be deemed a criminal offence, with damages awarded by a court. Depending on the severity of the infringement, the result can be a fine or even imprisonment.

How do courts decide what is fair use?

A judge is more likely to find a determination of fair use if material was copied from a factual work, such as a biography, than from a fictional work, such as a romance novel or horror movie. As the Supreme Court stated in Sony Corp. of America v.

Can you copy copyrighted material for personal use?

The Copyright Act allows anyone to photocopy copyrighted works without securing permission from the copyright owner when the photocopying amounts to a “fair use” of the material (17 U.S.C. SS107).

Can I copyright my own work?

The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.