Copyright is a form of intellectual property, applicable to certain forms of creative work. Some, but not all jurisdictions require “fixing” copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holdersCopyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time.The United States Copyright law protects “original work of authorship”, fixed in a tangible medium including literary, dramatic, musical, artistic, and other intellectual work. This protection is available to both published and unpublished works.
Violators of Copyright Law can find themselves with the federal government and liable to substantial monetary penalties. The court determines the number of fines based on the copyrighted counterfeits in violation of copyright law. Cases dealing with over $2000 in counterfeited or unlawfully reproduced material is viewed as more serious than violation under 2000$. In either case, the defendant could be charged up to $250,ooo for each offense committed.
The U.S. government takes the copyright infringement seriously enough to impose a prison time for the first time and repeat offender. According to the U.S.Department of justice, first time offender can serve up to 5 years in prison, while repeat violators can face an additional up to 10 years. Although it is possible through pleas and bargains to commute a large portion of these sentences pending completion of the period of probation or house arrest, any breach of law during probationary period can send a defendant to prison directly to serve the full commuted time.
An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Victims of copyright infringement can sue violators in civil court with two likely outcomes, the first of which is the injunction. Failure to comply with the injunction can result in the arrest of copyright violators, as well as additional charges of contempt of court.
The amount of restitution that can be awarded for copyright infringement depends on the value of loss or inconvenience incurred by infringement victim. If a copyright violator’s action causes a copyright holder to lose a significant amount of income or suffer a damaged reputation, the amount of restitution can add up quickly. Violators can also be required to reimburse plaintiff for their attorney’s fee and the cost of loss of productivity throughout the legal process.
Copyright Infringement Penalties
Copyright Infringement is the act of violating any of a copyright owner’s exclusive right granted by the federal Copyright Act. There are three elements that must be in place order for the infringement to occur.
a. The copyright holder must have a valid copyright.
b. The person who is allegedly infringing must have access to the copyrighted work.
c. The duplication of copyrighted work must be outside the exception.
The legal penalties for copyright infringement
a. The infringer pays actual amount of damages and profits.
b. The law provides a range from $200 to $150,000 for each work infringed
c. Infringer pays for all attorney fees and court costs
d. The court can issue an injunction to stop the infringing act