Anyone who violates any of
the exclusive rights of the copyright owner as provided by sections 106
through
118 or of the author as provided in section 106A(a), or who imports
copies or phonorecords into the United States in violation of section
602, is an
infringer of the copyright or right of the author, as the case
may be. For
purposes of this chapter (other than section 506), any reference
to copyright shall be deemed to include the rights conferred by section
106A(a).
(US Code: Title 17, Section 501)
WHAT IS COPYRIGHT INFRINGEMENT? | WHAT
ARE THE REMEDIES FOR INFRINGEMENT? |
What is
copyright infringement?
Copyright infringement
is the unauthorized use of any of the exclusive rights of the
copyright holder. Infringement can occur when any of the
following are violated: right to reproduce the copyrighted work,
right to prepare derivative works, right to distribute copies,
and right to perform the copyrighted work publicly.
What are the remedies for
infringement?
Remedies for infringement
can result in civil action and/or criminal proceedings.
Chapter 5 of Title
17 lists the following remedies for infringement:
Injunctions.
Any court having jurisdiction of a civil action arising under this title may...grant
temporary and final injunctions on such terms as it may deem reasonable
to prevent or restrain infringement of copyright.
Impounding and disposition
of infringing articles.
At any time while an action is pending, the court may order the impounding...of
all copies or phonorecords claimed to have been made or used in violation of
the copyright owner's exclusive rights, and of all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which such copies
may be reproduced.
In addition, as part of a final judgement or decree, the court may order the
destruction or other disposition of all infringing material.
Damages and profits.
In general, an infringer of copyright is liable for either (1) the copyright
owner's actual damages and any additional profits of the infringer, or
(2) statutory damages.
The copyright owner is entitled to recover actual damages suffered as the result
of infringement and any profits that the infringer received that are attributable
to infringement. The copyright holder is required to present proof of
the infringer's gross revenue. The infringer is required to prove his
or her's deductible expenses and the profit attributable to factors other than
the copyrighted work.
At any time before final judgement, the owner can elect to recover statutory
damages instead of actual damages. For any one work, for which any one infringer
is liable individually, or for which two or more infringers are liable jointly
and severally, the sum of the damages is not less than $500 or more than $20,000
as the court considers just.
In a case where the copyright owner sustains the burden of proving and the
court finds that infringement was committed willfully, the court may increase
the award for statutory damages to a sum of not more than $100,000.
In a case where the infrnger sustains the burden of proving and the court finds
that such infrnger was not aware and had no reason to believe that his or her
acts constituted an infringement of copyright, the court may reduce the award
for statutory damages to a sum of not less than $200. The court shall
remit statutory damages in any case where an infringer believed and had reasonable
grounds for believing that his or her use of the copyrighted work was a fair
use under section 107, if the infringer was: (i) an employee or agent of a
nonprofit educational institution, library, or archives acting within the scope
of his or her employment, or such institution, library, archives itself, which
infringed by reproducing the work in copies or phonorecords....
Costs and attorney's
fees.
In any civil action, the court may allow recovery of full costs by or against
any party and may award reasonable attorney's fees to the prevailing party
as part of those costs.
Criminal offenses.
Any person who infringes a copyright willfully either for purposes of commercial
advantage or private financial gain or by the reproduction or distribution,
including by electronic means, during any 180-day period, of 1 or more
copies or phonorecords of 1 or more copyrighted works, which have a value
of more than $1,000 shall be punished as provided under section 2319 of
title 18, United States Code.
Forfeiture and destruction.--When any person is convicted of any violation
of subsection (a), the court in its judgement of conviction shall, in addition
to the penalty therein prescribed, order the forfeiture and destruction or
other disposition of all infringing copies or phonorecords and all implements,
devices, or equipment used in the manufacture of such infringing copies or
phonorecords.
Fraudulent copyright notice.--Any person who, with fraudulent intent, places
on any article a notice of copyright or words of the same purport that such
a person knows to be false, or who, with fraudulent intent, publicly distributes
or imports for public distribution any article bearing such notice or words
that such person knows to be false, shall be fined not more than $2,500.
Fraudulent removal of copyright notice.--Any person who, with fraudulent intent,
removes or alters any notice of copyright appearing on a copy of a copyrighted
work shall be fined not more than $2,500.
False representation.--Any person who knowingly makes a false representation
of a material fact in the applicaton for copyright registration provided for
by section 409, or in any written statement filed in connection with the application,
shall be fined not more than $2,500.
COPYRIGHT
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by Regent University Library; updated 2002
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