What Should I Do If I Get A Copyright Infringement Notice?

§ 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.

18 U.S.C..

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. § 2319(b)(1).

plaintiffThe 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.

Since copyright law favors encouraging scholarship, research, education, and commentary, a judge is more likely to make a determination of fair use if the defendant’s use is noncommercial, educational, scientific, or historical.

If you fail to respond to a notice, you may be sued. Copyright infringement penalties can be civil and criminal and include: Statutory damages between $750 and $30,000 per piece of work infringed upon. Civil penalties of up to $150,000 per piece if willful infringement is found.

Proving copyright infringement in court can be difficult. In order to prove copyright infringement, the plaintiff must: … That the infringing party had access to the copyrighted work. That the infringing party had the opportunity to steal that work.

It’s certainly possible to go to jail for violating copyright law, as long as the violation is willful and involves specific kinds or amounts of infringement. … A copyright infringer’s chances of being sued for damages or an injunction are therefore much greater than his or her chances of being charged criminally.

If you copy, reproduce, display, or otherwise hold out another’s work (such as an image, musical recording, article, or any other type of work that you did not create) as your own, you are undoubtedly infringing on copyrighted material. This is true whether you benefited financially from the use or not.

What are the two types of infringement?

When any of the exclusive rights of copyright are exploited without a copyright owner’s permission, copyright infringement has occurred. There are two types of infringement: primary and secondary. A primary infringement involves a direct infringement by the defendant.

Here are the steps for writing and sending a Copyright Infringement Notice: Get Started Start your Copyright Notice Answer a few questions….Intellectual PropertyOutline Information About the Infringement. … Send a Notice Using a Third-Party Service. … Keep Good Records.

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.