What Are the Penalties for Copyright Infringement?
A copyright owner can recover actual damages plus the infringer's profits, or instead elect statutory damages of $750 to $30,000 per work infringed, which a court can raise to $150,000 for willful infringement or reduce to $200 for innocent infringement. Courts can also order injunctions and attorney fees. Statutory damages and fees generally require timely registration. Willful infringement for profit can also be a crime.
Copyright infringement is using a protected work in a way that violates the owner's exclusive rights, such as copying, distributing, publicly performing or adapting it, without permission or a legal exception like fair use.
Civil remedies
| Remedy | Details |
|---|---|
| Actual damages and profits | The owner's losses plus the infringer's profits not already counted (17 U.S.C. 504(b)) |
| Statutory damages | Instead of actual damages: $750 to $30,000 per work; up to $150,000 per work if willful; as low as $200 if the infringer was innocent (17 U.S.C. 504(c)) |
| Injunctions | Court orders to stop the infringement |
| Impoundment | Seizure of infringing copies |
| Costs and attorney fees | At the court's discretion |
The registration rules
- For US works, the owner generally must register the copyright, or have registration refused, before filing an infringement lawsuit (17 U.S.C. 411(a)).
- Statutory damages and attorney fees are generally available only if the work was registered before the infringement began, or within three months of first publication (17 U.S.C. 412).
That is why many small creators can recover only actual damages, which may be modest.
Criminal penalties
Willful infringement for commercial advantage or private financial gain, or involving copies with a retail value over $1,000 within 180 days, can be a federal crime, with prison terms that increase for larger-scale offenses (17 U.S.C. 506).
Common situations
- Using photos found online on a business website
- Uploading movies, music or software
- Selling merchandise with copyrighted characters or art
- Using music in videos without a license
Photo licensing companies and rights holders often send demand letters for website images. Check whether the claim is valid, whether the work was registered, and whether you had a license, before paying.
Defenses
- Fair use
- License or permission
- Independent creation
- Public domain; see how long copyright lasts
- Statute of limitations: civil actions must generally be brought within three years after the claim accrues
If you are accused
Remove the material while evaluating, preserve records, and do not ignore letters. See cease and desist letters. An IP lawyer can negotiate or defend.
Sources
- Cornell Law School LII: 17 U.S.C. 504, Remedies for infringement: damages and profits
- Cornell Law School LII: 17 U.S.C. 412, Registration as prerequisite to certain remedies
- Cornell Law School LII: 17 U.S.C. 411, Registration and civil infringement actions
- Cornell Law School LII: 17 U.S.C. 506, Criminal offenses
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.