Hey Biz Talkers! Before we talk about how much trouble one can get into for infringing a copyright, it is important to mention that all copyright infringement is not direct.
In fact, an infringer can be found liable for SECONDARY LIABILITY for copyright infringement. This secondary liability for infringement can be found under two theories. 1. Contributory Infringement. If there is actual or constructive knowledge of a 3rd parties infringement and the primary infringer participated in the infringement carried out by the 3rd party by providing the MEANS to carry out the infringement or when the 3rd party was actively INDUCED to commit the infringement. 2.Vicarious Liability. This occurs when the infringer gains a financial benefit from the infringement, and had the RIGHT and ABILITY to control the infringers conduct.
OK, so if copyright infringement is that serious, what punishment can be imposed on someone for committing infringement? Glad you asked!
Both civil and criminal punishment can be imposed for copyright infringement in the following manners:
1. Damages- Actual Damages- Compensation equal to the economic loss suffered by the owner of the copyright OR Statutory Damages-which usually range between $750.00 and $150,000 PER INFRINGEMENT if willful copyright infringement is found.
2. Criminal Penalties-If willful and serious infringement is found, a prison sentence can be imposed.
3. Seizure and Destruction-Infringing copies or materials (e.g.-printed books or physical records) can be seized and destroyed.
4. Attorney’s Fees- A court can require an infringing party to pay the legal expenses of the copyright owner.
5. Injunction- The court can issue an order for the infringing activities to stop immediately.
6. Recovery of Profits- The copyright owner can make a claim for any profits received by the infringing party received from illegal use of the copyright.
So, is copyright infringement really that serious- You better believe it is!
I leave you with a quote from the theme song of the 1970’s TV show Baretta- “Don’t do the crime, if you can’t do the time.” DON’T DO IT!!!
