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, 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. (See Copyright Protection in One Easy Lesson.)
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.