Get Study 25 : Liability Of Innocent Infringers Of Copyrights - Copyright

(17 U.S.C. § 504(c)) The amount you may award as statutory damages is not less than $750, nor more than $30,000 for each work you conclude was infringed. [However, if you find the infringement was innocent, you may award as little as $200 for each work innocently infringed.]

In order to bring a copyright infringement claim, the plaintiff must prove that they hold the copyright interest through creation, assignment, or license. The plaintiff must also plead that the complaint is of an unlawful copy of the original element of the copyrighted work.

Generally, in the common law, “secondary liability” is imposed on someone who does not commit the legal wrong directly, but is found responsible for encouraging, facilitating or profiting from it.

If you willfully infringe a copyright, a court can award damages of up to $150,000 for each infringement. Willful copyright infringement can also be a crime under federal law.

Contributory infringement is based on a connection to the infringing activity. A party can be found liable for contributory infringement when that party knows of the infringing activity and induces, causes or materially contributes to it.

R. Anthony Reese* INTRODUCTION. Innocent or unknowing copyright infringement occurs when someone engages in infringing activity not knowing that her conduct constitutes infringement— perhaps most commonly when she knowingly copies from another's work but reasonably believes that her copying is not infringing.

Give credit to the original copyright owner. Add a disclaimer like “I don't own the rights” or “no infringement intended” Added your own material to the original content.

A person is liable for primary infringement when he himself does an act which infringes the right of the copyright holder whereas a person or a party who indirectly contributes to the copyright infringement or gets benefitted from such exploitation is liable for secondary infringement.