Copyright & Criminal Law
Copyright laws allow authors of original works exclusive right to use, perform and sell their creations. If someone violates someone else's copyrights that violation can sometimes be a crime. In the United States, copyright laws are established by the federal government and extend to all states and even internationally through the use of treaties and agreements.
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Basics
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When someone creates an original work of authorship and attaches or affixes it to a tangible medium, the author immediately gains copyrights to that work. No registration is required to be protected under copyright law, though voluntary registration is allowed through the United States Copyright Office. When someone else violates a person's copyrights the copyright holder can sue that person in civil court and seek criminal penalties as well.
Parties
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When someone violates another person's copyrights, commonly referred to as copyright infringement, the action can be punished as both a civil matter and a crime depending on the circumstances. All copyright infringements are civil law violations, meaning the violator can be sued in court by the copyright holder. However, federal law also makes certain instances of infringement crimes. If a crime is committed, any infringing party can be charged with a criminal violation by the federal prosecutors of the United States Attorney's Office.
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Elements
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The federal criminal law governing copyright infringement is found in 17 U.S.C. 506 (a). Tthe law states that anyone who for the purposes of financial gain or commercial advantage violates someone else's copyrights by distributing or selling unauthorized copies in value of more than $1,000, or who distributes work known to be made in preparation of commercial distribution is guilty of criminal copyright infringement.
Punishments
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Anyone found guilty of a criminal copyright violation is subject to punishment by incarceration in a federal prison, fines or both. For each conviction of criminal copyright infringement where the total retail value was more than $2,500, the maximum potential penalty is up to five years in prison. For second time offenders this penalty can increase to up to 10 years for each offense. Fines for these cases can vary widely based on the circumstances of the crime.
Effects
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Even if a person is charged and convicted of a criminal copyright violation, this does not remove any potential civil liability they face from claims made by the copyright holder. Basically this means that a person who criminally violates someone else's copyrights can both be prosecuted as a criminal and sued in civil court. Even if the person is convicted they may still have to pay damages if they lose the civil case as well.
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References
- Photo Credit black copyright symbol image by Angie Chauvin from Fotolia.com
