Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur.
- The copyright holder must have a valid copyright.
- The person who is allegedly infringing must have access to the copyrighted work.
- The duplication of the copyrighted work must be outside the exceptions.
The legal penalties for copyright infringement are:
- Infringer pays the actual dollar amount of damages and profits.
- 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.
- The infringer can go to jail.