Consequences Of Breaking Copyright Law: What You Need To Know

Copyright infringement is a serious offence that can result in a range of consequences, from civil and criminal penalties to imprisonment and fines. Copyright infringement occurs when someone violates the exclusive rights of a copyright owner, such as the right to reproduce, adapt, publish, perform or display their work. Infringement can take many forms, including downloading, uploading, sharing or posting parts of a copyrighted work without permission. The penalties for copyright infringement vary depending on the jurisdiction, but they can include fines, imprisonment, and legal fees. In the US, for example, willful copyright infringement can result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offence. On the other hand, civil penalties for copyright infringement can range from $750 to $30,000 per work infringed, with willful infringement resulting in a fine of up to $150,000 per work.

Criminal penalties: imprisonment and/or fines

Criminal penalties for copyright infringement can be severe, and they include imprisonment and/or fines. Willful copyright infringement can result in imprisonment of up to five years and fines of up to $250,000 per offense. These penalties have been increased substantially by Congress in recent years, and the scope of behaviors to which they can apply has also been broadened.

Defendants convicted for the first time of violating copyright law by the unauthorized reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, or one or more copyrighted works, with a retail value of more than $2,500, can be imprisoned for up to five years and fined up to $250,000, or both.

For defendants who have previously been convicted of criminal copyright infringement, the maximum sentence increases to 10 years' imprisonment, a $250,000 fine, or both. Misdemeanants, on the other hand, face a maximum of one year in prison and a $100,000 fine for violating rights other than those of reproduction or distribution, or for reproducing or distributing fewer than the requisite number of copies, or if the retail value of the copies reproduced or distributed does not meet the statutory minimum.

It is important to note that copyright infringement is different from plagiarism. While copyright is a federal law that protects original works from being copied and distributed without the author's permission, plagiarism is not a federal or state law, but it can still have severe repercussions. Copyright infringement occurs when someone violates the exclusive rights of the copyright owner, such as the right to reproduce, adapt, publish, perform, or display the work. Plagiarism, on the other hand, is passing off someone else's work as one's own or failing to attribute it properly.

Civil penalties: fines

Civil penalties for copyright infringement can be imposed through a court order, requiring the infringer to pay either actual damages or "statutory" damages. These fines can range from $750 to $30,000 per work infringed. Infringers may also be required to pay all attorneys' fees and court costs.

The specific amount of the fine will depend on the nature and severity of the infringement. For example, in cases of "willful" infringement, where the infringer knowingly and intentionally violated the copyright owner's exclusive rights, the court may award up to $150,000 per work infringed. On the other hand, if the infringer can prove that they were not aware and had no reason to believe that their actions constituted an infringement, the court may reduce the fine to as little as $200 per work infringed.

In addition to monetary penalties, civil remedies for copyright infringement can also include injunctions, impoundment of infringing articles, and disposition of infringing articles. An injunction is a court order that requires the infringer to stop the infringing acts immediately. Impoundment involves the seizure and holding of infringing articles, such as copies of the copyrighted work or equipment used to create those copies. Disposition refers to the destruction or other reasonable disposal of infringing articles, ensuring that they are no longer available in the market.

It is important to note that civil penalties for copyright infringement can vary depending on the jurisdiction and the specific circumstances of each case. The information provided here is based on US copyright law and may not apply in other countries.

University sanctions

Copyright infringement is a serious issue in academia, with universities taking measures to combat the unauthorized distribution of copyrighted material and educate their students, faculty, and staff about it. Breaking copyright law can result in various university sanctions, which can vary depending on the institution and the nature of the infringement. Here are some possible university sanctions for copyright infringement:

First Offense

• The university's IT department or relevant office contacts the student to explain the illegal nature of their behavior and how it violates university policy.
• The student is instructed to delete or remove the copyrighted material from their computer system and any other platforms they may have used for distribution.
• The student is warned about the consequences of repeating the offense.
• The student's network connection is disabled until they can prove that they have removed the copyrighted material.
• The incident is reported to the relevant student affairs department, which may impose additional sanctions.

Repeat Offenses or Serious Infringements

• Disciplinary sanctions, including academic consequences such as a failing grade for the assignment or course.
• Suspension or revocation of the student's access to university resources or networks.
• Removal of the student from the course or, in more severe cases, expulsion from the university.
• Legal action, including civil and criminal penalties, may be initiated by the copyright holder.

It is important to note that universities do not typically police or monitor their users for copyright violations. However, they are required to take action upon receiving a complaint from a content owner, and repeat offenses can lead to more severe sanctions, as mentioned above.

Injunction and impounding

When an author's work is infringed upon, they have the right to file a civil lawsuit against the infringing party. Once the court proceedings begin, the judge will usually force an injunction on the defending party. An injunction is a court order enforced by any court holding jurisdiction over the defending party, forcing them to stop all illegal activity and preventing further damage to the plaintiff's original work.

Even if the defendant wins the infringement case and is allowed to continue the accused actions, an injunction is still necessary as a courtesy to the plaintiff, who believes their work is being misrepresented and damaged. At the end of the case, the injunction is either lifted or further enforced, depending on the outcome.

During a pending court case for copyright infringement, a court may order the impounding of all materials manufactured by the violating party and any tools used to create them, such as moulds, masters, tapes, film negatives, or other such articles. Additionally, all records produced related to the creation or selling of said illegal materials may be required to come under the custody of the court.

If the records are seized through impounding, all appropriate protective actions are enforced to ensure the defending party's privacy regarding confidential records. Once such materials have been impounded, the final judgment of the court may order their destruction, including all materials involved in the illegal violation of copyright law.

Alternative dispute resolution

Breaking copyright law can result in serious consequences, including criminal penalties such as imprisonment of up to five years and fines of up to $250,000 per offense. It can also result in civil judgments, with infringers ordered to pay damages ranging from \$750 to \$30,000 per work infringed, and up to \$150,000 for "willful" infringement.

Given the high costs of litigation, alternative dispute resolution (ADR) methods are often used to resolve copyright disputes. ADR methods offer a more efficient and cost-effective way to handle these disputes, which can otherwise be complex and drawn-out.

Arbitration

In arbitration, a neutral third party, the arbitrator, is chosen by both parties to decide on the case. The arbitrator's decision is typically binding and enforceable in court, with no right of appeal unless both parties agree to appeal to another arbitrator. Arbitration is usually confidential and can grant broad equitable relief, similar to a court's powers.

Mediation

Mediation involves a neutral third party, the mediator, who helps the disputing parties communicate and negotiate to reach a mutually agreeable resolution. The mediator does not make any decisions but facilitates effective negotiation. Mediation is also usually confidential and can be more flexible than a court setting.

Copyright Claims Board (CCB)

The CCB is a newly created alternative to court for copyright disputes up to $30,000. Lawyers are not required, and respondents can opt-out to choose a court trial. The CCB handles three types of disputes: infringement, declaration of non-infringement, and misrepresentation in a takedown notice or counter-notice under the DMCA.

ADR methods offer several advantages over traditional court proceedings, including efficiency, cost-savings, confidentiality, and flexibility. They allow the disputing parties to choose a neutral party with expertise in copyright law and the relevant creative material's marketplace.

Frequently asked questions