Committing copyright infringement can carry serious civil and criminal penalties. You may be liable even if the infringement was not intentional. If you are accused of committing copyright infringement, it is important to be aware of the steps you can take to address the matter and minimize your liability.

What Constitutes Copyright Infringement? 

Copyright protection provides the creator or owner of an original work with certain exclusive rights, including the right to reproduce, distribute, perform, publicly display, and create derivative works. When a third party reproduces, performs, distributes, publicly displays, or develops derivative works based on a copyrighted work without the consent of the copyright owner, they may have committed copyright infringement. Copyright infringement may exist regardless of whether the infringing act was intentional or not.

What to Do If You Receive a Copyright Infringement Notice

Copyright infringement notices can come from different sources, including individual owners, businesses, and lawyers. If you receive a copyright infringement notice, it should not be ignored. You should first read the copyright infringement notice carefully to grasp the nature of the claim. The notice will likely include information regarding the allegedly infringing copyrighted content, who is alleging ownership of the content, and the nature of the claimed infringement. 

After reviewing the notice, and identifying the specific copyrighted work in question, you should determine all of the places where you have utilized the work and have an assessment conducted as to whether the claim has any merit. Not all copying is legally actionable as copyright infringement. To establish actionable copying a plaintiff must prove that: 

1. The defendant factually copied the protected material.
2. That there is a “substantial similarity” between the two works.

If an assessment reveals that the claim has merit it may be prudent to cease any use of the content on the internet or elsewhere while attempting to resolve the matter through dialogue with the claimant.

What are the Consequences of Committing Copyright Infringement?

Civil and criminal consequences are available for copyright infringement. Copyright infringers can be sued and, in some situations, face criminal charges.

Civil Penalties For Copyright Infringement 

Monetary damages are one of the most common penalties for copyright infringement. A copyright holder who holds a copyright registration, received within three months of the first time the holder published his/her work, may be able to collect statutory damages for infringement of their work. Someone found guilty of civil copyright infringement may be ordered to pay either actual OR statutory damages ranging from $750 to $30,000 per work infringed. Where a court finds that infringement was committed willfully, it may increase the award of statutory damages to a sum of not more than $150,000.

Criminal Penalties For Copyright Infringement 

Willful copyright infringement can also result in criminal penalties such as up to five years in prison and fines of up to $250,000 per offense. Under U.S. laws, a first-time offender convicted of making unauthorized reproductions or distributing at least 10 copies of one or more works with a retail value of more than $2,500 during a 180-day period might face up to five years in prison and a $250,000 fine, or both. If you have already been convicted of copyright infringement in the past, and you are convicted again, you might face up to ten years in prison, up to $250,000 in penalties, or both.

A New York City Copyright Infringement Defense Attorney Can Help

Intellectual property litigation can be complex and challenging, requiring specialized knowledge and experience in both intellectual property law and federal and state rules. Working with an experienced team of attorneys who can guide you through the process and advocate for your rights during an Intellectual property litigation matter is the first step toward success. Book a meeting with one of our copyright litigation attorneys to discuss your infringement matter.