- If a person has copyrighted his work and believes that some else has stolen it or used it improperly, that person can file an infringement lawsuit. As a plaintiff, the person must show that he has a valid copyright for the work, that the defendant had access to the copyright work and defendant's infringing work is similar to the copyrighted work.
- During an infringement lawsuit, the court has the power to issue a temporary or permanent injunction. The injunction prevents the defendant from continuing to use or profit from his infringing work.
- If a plaintiff proves that the defendant has infringed on the plaintiff's copyrighted work, the plaintiff is entitled to damages. The amount of damages awarded is the plaintiff's losses in profit because of defendant's infringement, as well as any profits the defendant earned from his infringing work.
- After a defendant's work is found to be infringing, the court can order that all copies of the work be seized for disposal.
- An infringer can also be punished criminally. If the infringement was willful and intentional, and for personal financial gain, the infringer faces fines of up to $250,000 and can also be sentenced to up to five years in prison.
