Copyright infringement us law

  • Is copyright infringement illegal in the US?

    Copyright infringement can also result in civil judgments.
    Anyone found liable for civil copyright infringement can be ordered to pay damages, with fines ranging from $750 to $30,000 per work infringed.
    For “willful” infringement, a court may award up to $150,000 per work infringed..

  • What are the elements of copyright infringement in the US?

    The plaintiff in a copyright infringement lawsuit has the burden of proving two elements: that they own a copyright, and that the defendant infringed it.
    To establish ownership of a valid copyright, a plaintiff must demonstrate that the work is original, and that it is subject to legal protection..

  • Exceptions & Limitations to Copyright

    Fair Use (Section 107) Library Use (Section 108) Right of Sale (Section 109) Face-to-face Teaching (Section 110(1)) Online Teaching (Section 110(2)) Persons with Disabilities (Section 121)
  • The plaintiff in a copyright infringement lawsuit has the burden of proving two elements: that they own a copyright, and that the defendant infringed it.
    To establish ownership of a valid copyright, a plaintiff must demonstrate that the work is original, and that it is subject to legal protection.
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.
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

Can a court grant a copyright injunction?

(a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.

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What are the remedies for copyright infringement?

Remedies for infringement:

  • Impounding and disposition of infringing articles 4 (a) (1) At any time while an action under this title is pending
  • the court may order the impounding
  • on such terms as it may deem reasonable— (A) of all copies or phonorecords claimed to have been made or used in violation of the exclusive right of the copyright owner; .

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