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What is Copyright Infringement?

Logo of the United States Copyright Office, symbolizing this post about copyright infringement

I recently realized that I have referred to copyright infringement in quite a few posts. However, I neglected to define that term. It is time to correct that oversight.

Copyright Infringement Defined

Generally, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. I.e., copyright infringement is a violation of the copyright owner’s exclusive rights.

Remedies for Copyright Infringement

Chapter 5 of Title 17 of the United States Code addresses copyright infringement and remedies for infringement. Depending on the circumstances, remedies might include any of the following.

  • A temporary or final injunction.
  • Impounding of infringing goods.
  • Actual damages and the infringer’s profits.
  • Statutory damages.
  • Costs and attorney’s fees.

Furthermore, under certain circumstances willful infringement can result in criminal liability.

Dana H. Shultz, Attorney at Law  +1 510 547-0545  dana [at] danashultz [dot] com
This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact a lawyer directly.

Cyberbully Verdict: Not Guilty

Megan Meier, the victim

Megan Meier, the victim

Lori Drew is the woman who, using Myspace in 2006, cyberbullied 13-year-old Megan Meier into committing suicide.

Drew’s actions were, without question, reprehensible. The interesting issue for this post, however, is the U.S. government’s decision to bring criminal charges under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. Section 1030.

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