What Are the Penalties for Infringing?
Title 17 of the U.S. Code contains federal copyright laws. The subject matter and scope of a copyright are described in Chapter one, sections 106 to 122. A violation of the exclusive rights granted in these sections is infringement. The penalties for infringing are contained in Chapter six of Title 17. In order for a copyright to be enforced, it must be registered with the U.S. Copyright Office, and a complaint alleging infringement must be filed with a federal court.
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Injunction
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A court can issue an injunction to permanently halt any act it deems to be infringement. This prevents the infringer from further using or profiting from acts of infringement. A court can also issue a temporary injunction to stop an infringing act while it makes its final determination on whether infringement has occurred. Any such injunction is enforceable throughout the United States.
Impounding
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At any time during an infringement proceeding, a court can order the impounding of materials that might be considered infringing on copyright. U.S. marshals can then confiscate any copies of infringing materials as well as master copies from which copies can be reproduced. On a finding of infringement, the court can order that those impounded materials be reasonably disposed of or destroyed.
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Damages and Profits
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The owner of copyrights that have been infringed upon is eligible to collect money for damages sustained as a result of the infringement and any profit realized by the infringing acts. In determining the infringer's profits, the copyright holder has to prove the infringer's gross revenues, and the infringer bears the burden of proving their expenses or that income was derived other than through infringement. A copyright holder can also elect to receive statutory damages of up to $30,000 ($150,000 for intentional infringement), for which it's the judge's discretion to set an amount.
Attorney's Fees and Costs
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A copyright holder who has been infringed upon can also ask the court to award attorney's fees and costs associated with bringing the suit. If the copyright was registered within three months of publication, the law allows complete recovery of all fees and costs. The judge, at her discretion, can also award reasonable fees and costs except in cases where the United States, or an officer thereof, is the defendant.
Criminal Infringement
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Willful, intentional violation of copyright can be considered criminal infringement under three circumstances. The act is criminal infringement if it was for commercial or financial gain, if more than $1,000 in retail value was reproduced or distributed in a 180-day period, or a work being prepared for commercial distribution was disseminated on a public computer network. The penalties for criminal infringement are described in Title 18, section 2319 of the U.S. Code. These range from imprisonment of one to 10 years, plus fines, depending on the nature of the violation, the value of the infringing items and previous violations.
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References
Resources
- Photo Credit U.S. Library of Congress, Copyright Office
