Copyright Infringement Penalties - Purdue University Copyright Office (2024)

FAQs

Copyright Infringement Penalties - Purdue University Copyright Office? ›

The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works.

Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense. Copyright infringement can also result in civil judgments.

While the average cost of statutory damages ranges between $750 and $30,000, these can be as low as $200 or as high as $150,000 depending on the circ*mstances surrounding the infringement issue. It is important to note that statutory damages are not automatically awarded in a suit.

Yes, it is possible for someone to be sentenced to prison for violating copyright law, particularly in the United States. However, prison sentences for copyright infringement are generally reserved for the most egregious cases.

§ 506(a) by the unauthorized reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, or 1 or more copyrighted works, with a retail value of more than $2,500 can be imprisoned for up to 5 years and fined up to $250,000, or both.

The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works.

Penalties for criminal copyright infringement include both prison time and large fines. If you have previously been convicted of criminal copyright infringement, for second or later offenses, you can be sentenced to a maximum of 10 years in prison, up to $250,000 in fines, or both.

Copying of a work is difficult to prove, so the copyright owner normally has to prove (i) the infringer had access to the work, and (ii) that the two works are substantially similar from the viewpoint of the average observer.

Section 504(c) of the Copyright Act covers these damages. For most ordinary types of infringement, statutory damages will fall in a range between $750 and $30,000 per incident of infringement. The judge will determine the amount after considering the seriousness of the infringement and the infringer's ability to pay.

Copyright infringement is usually addressed through civil lawsuits, but criminal penalties are sometimes imposed. Criminal penalties are available when infringement is "willful." If the court finds that the infringement was willful, the court can increase the statutory damages award to a sum of up to $150,000.

What happens if you are accused of copyright infringement? ›

Generally speaking, the copyright holder starts with a cease and desist letter sent to the infringer. They may request monetary damages, an explicit provision of credit to the copyright holder, removal of the infringing work, or other remedies.

§ 2319. Section 2319 provides, in pertinent part, that a 5-year felony shall apply if the offense "consists of the reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, with a retail value of more than $2,500." 18 U.S.C.

While most copyright infringement is between two private parties (a civil matter), it can rise to criminal charges when the government takes action because the illegal use or sharing of copyright material is done on purpose.

The most common types of intellectual property disputes are likely to be related to either copyright infringement, trademark infringement, or patent infringement.

Statutory damages are explained in 17 U.S.C. § 504(c). For infringements that cannot clearly be proven as either innocent or willful, statutory damages may be from $750 to $30,000 per infringement. The exact amount depends on the seriousness of the infringing act and the financial worth of the infringer.

Felony charges can be filed when 10 copies of a copyrighted work are reproduced or distributed with a retail value of more than $2,500. Misdemeanor charges can be filed with just 1 copy and retail value of $1,000.

According to the United States Sentencing Commission, the fiscal year 2017 saw more than 66,000 copyright and trademark infringement cases. During this period, there were 80 cases involving criminal infringement.