What is criminal copyright infringement? Criminal copyright infringement is a violation of federal law when a person intentionally uses or distributes another’s copyrighted material for financial gain.
Copyrights protect the author’s ideas and controls their material up to 70 years after their death, or less if the author is a corporation. The protection covers writing, music, artistic works, and digitally stored material including books, songs, poetry, art, films, graphic designs, computer software, website content, and architecture.
Copyright does not protect facts, ideas, discoveries, concepts, or theories that are not written down in physical form.
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 FBI has recently made ‘intellectual property’ theft a priority of its criminal investigative program.
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Toprove criminal copyright infringementcharges, the government must produce evidence of 4 things: (1) the author had a valid copyright; (2) the defendant used, copied, or distributed the material without the author’s permission; (3) it was done on purpose; and (4) it was done for personal financial gain or business advantage.
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. This is a very low threshold for thegovernment to pursuecriminal copyright infringement charges and why you should hire experienced defense attorneys.
FAQs
Criminal copyright infringement is a violation of federal law when a person intentionally uses or distributes another's copyrighted material for financial gain. Copyrights protect the author's ideas and controls their material up to 70 years after their death, or less if the author is a corporation.
What crime is copyright infringement? ›
The principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which provides that "[a]ny person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain" shall be punished as provided in 18 U.S.C. § 2319.
What are the three elements of criminal copyright infringement? ›
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.
Examples of Copyright Infringement
- Illegally downloading music files.
- Uploading someone else's copyrighted material to an accessible web page.
- Downloading licensed software from an unauthorized site.
- Modifying and reproducing someone else's creative work without making significant changes.
- Recording a movie in a theater.
§ 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.
How serious is copyright infringement? ›
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.
Can I press charges for copyright infringement? ›
Copyright infringers can be sued civilly and in some cases prosecuted criminally for the same infringing act. The civil statute of limitations is three years, but there is a five-year statute of limitations for a federal prosecutor to bring a criminal case against an infringer.
How do you prove copyright infringement? ›
All that is necessary is that the copying be substantial and material and that protected expression – not just ideas – were copied. Likewise, the similarity between the two works must be similarity of protected elements (the expression), not unprotected elements (the facts, ideas, etc.).
How do you get caught for copyright infringement? ›
To prove criminal copyright infringement charges, the government must produce evidence of 4 things: (1) the author had a valid copyright; (2) the defendant used, copied, or distributed the material without the author's permission; (3) it was done on purpose; and (4) it was done for personal financial gain or business ...
What is the most famous copyright infringement? ›
Queen and David Bowie v.
At the top of most famous copyright cases lists is that of rock legends David Bowie and Queen against rapper Vanilla Ice. If you've ever heard the opening seconds of Ice's 1990 hit "Ice Ice Baby" and thought it could be Queen and Bowie's "Under Pressure," you wouldn't be alone.
Statutory damages in copyright infringement cases range from a minimum of $200 to $150,000 per work, and the amount of statutory damages that are awarded depends on the intent of the infringer.
Can you go to court for copyright infringement? ›
The copyright owners of any of these works can pursue infringers by filing lawsuits in federal district courts. Not all copyright owners, however, have the resources to bring a federal lawsuit, which can require substantial time, money, and effort.
What happens if I receive a copyright infringement notice? ›
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.
Is copyright infringement theft? ›
A common explanation for why copyright infringement is not theft is that the original copyright holder still possesses the work they made, unlike the theft of an object. Copyright holders frequently refer to copyright infringement as theft, "although such misuse has been rejected by legislatures and courts".
Is DMCA a federal crime? ›
The simple fact is that stealing is stealing; regardless of whether it is done physically or virtually. The Digital Millennium Copyright Act (DMCA) of 1998 is a federal law that is designed to protect copyright holders from online theft—that is, from the unlawful reproduction or distribution of their works.
Is trademark infringement a crime? ›
Criminal penalties: In some cases, trademark infringement may be a criminal offense and can result in fines and even imprisonment, especially in cases involving counterfeit goods.
What is a 17 US Code 506 criminal offense? ›
Four types of criminal offenses actionable under the bill are listed in section 506: willful infringement for profit, fraudulent use of a copyright notice, fraudulent removal of notice, and false representation in connection with a copyright application.
