Types of Copyright Violations
Copyright is the part of the law that protects the interests of artists and other producers of intellectual property. The U.S. Copyright Office, part of the Library of Congress, maintains records of all registered copyrights. Though a copyright need not be registered to exist in theory, it must be registered to be enforced by the courts. Generally, all types of copyright violations are termed "infringement." Criminal infringement is a special type of violation that involves specific intent.
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Identification
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Copyright entitles the owner to exclusive rights. These include the rights to reproduce, distribute, perform, display and make derivative works of the copyrighted material. Any violation of a copyright owner's exclusive rights is a violation called infringement. Importation of copyrighted material is a violation, as is secondary transmission over a television cable system. "Fair use," which is the limited reproduction of copyrighted material for educational or other accepted purposes, is an exception to the copyright owner's exclusive rights.
Types
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In many cases, violation of copyright must be enforced by the copyright owner through a civil action. The alleged infringer probably does not believe he actually violated the copyright. The other major type of copyright violation, sometimes called piracy, is criminal infringement. This is punishable by federal statute (section 506 of Title XVII, U.S. Code).
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Intent
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Criminal infringement is a specific-intent crime, which means the government must show not just the act of infringement, but that it was "willful." Evidence of reproduction or distribution alone does not prove willful infringement. Instead, the government must demonstrate that the copyright violation was extensive enough to generate products with an aggregate retail value over $1,000 in a 180-day period, that the copyright violated pertained to a work still in preparation for commercial release, or that the violation was otherwise for purposes of financial gain.
Remedies
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In civil cases, copyright violation is remedied by money awards for damages and court injunctions halting all violating activity. A successful suit for infringement can recover all profits earned through the violation of copyright, plus attorney fees and costs. Criminal infringement is punishable by one to 10 years in prison, plus fines. In both types of copyright violation, the offending items can be seized by the court and destroyed.
Limitations
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A civil action for copyright violation can be brought only by a copyright owner whose rights are registered with the Copyright Office. This registration can occur at any time, but ideal timing is within the first three months of publication. The civil action for copyright violation must be filed within three years of the alleged act of infringement. The statute of limitations on criminal infringement is five years.
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References
Resources
- Photo Credit U.S. Copyright Office, Library of Congress
