How Are Copyright Laws Enforced?
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Copyright Infringement
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Just as state laws establish penalties including fines and jail terms for those charged with driving under the influence of alcohol of other substances, copyright law is not enforced until a person is caught infringing on the exclusive rights of a copyright holder. The difference between DWI laws and infringement laws is that the latter provisions are applied in a civil case brought against an infringer by the author of a creative work in a federal court of law.
The federal U.S. Copyright Law of 1976 sets forth the exclusive rights of copyright holders, which is to to reproduce the copyrighted work in copies or phonorecords; prepare derivative works based on the work; and distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending. Copyright holders also have the exclusive right to perform (in a live performance or through digital audio transmission) or display their work publicly. Anyone who violates these rights by copying or reproducing an author's work may be accused of infringement.
A court can also hold other persons and companies liable for infringement. Contributory or secondary infringement occurs when a person knowingly induces, causes or contributes to an infringing activity. Even those who have no knowledge of a person's infringement may be held accountable as well, if two parties share a special relationship (e.g., employer and employee). For example, a school may be charged with vicarious infringement if a teacher makes mass copies of entire textbooks and provides them to students.
Defenses to Infringement
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Someone accused of infringement may raise certain "defenses." A common defense to infringement is that of "fair use," which permits a certain amount of copyrighted material to be reproduced for personal use, typically for scholarly research or teaching purposes that do not result in profit to the accused infringer. However, in the 1979 landmark case of Universal City Studios, Inc. v. Sony Corporation of America, Inc. (commonly known as the "Betamax" case), a court determined that taping a television show for later private viewing constituted fair use as well.
There are other defenses to infringement. Someone charged with infringement may argue that the material has an invalid copyright. For example, common and useful articles may not be copyrighted (e.g., a telephone directory). Estoppel may be argued--this is when a copyright holder knows of the infringement but does nothing to stop it--thereby giving the infringer tacit "permission." Another defense is that of improper copyright notice that misidentifies the true holder of a copyright.
Additionally, the statute of limitations applies to copyright cases. If a copyright holder knows of an infringing activity and does not take action against an infringer within three years of first learning of the infringing activity, the copyright holder cannot usually bring suit.
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Penalties for Infringement
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Federal copyright law establishes stiff penalties when a person is accused of or found guilty of infringement in a court of law. It could be argued that enforcement at this stage is when copyright law shows its "teeth." A copyright holder can ask a court to issue an injunction against the accused infringer so they will cease the infringing action even before a case goes to trial. Additionally, infringing copies (e.g., bootlegged CDs and DVDs) may be seized and later destroyed.
A copyright holder who prevails in court can also be rewarded compensatory (actual damages) if he can prove that his gross earnings were affected by the infringement. Alternately, he can opt to receive statutory damages of no less than $750 and no more than $30,000 for the infringement of one work. Statutory damages are even higher when the infringement is "willful" (an infringer was made aware that he was infringing and refused to stop). Court costs and attorney's fees may also be awarded to a copyright holder who is successful in providing his case against an infringer.
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