Injunctive Relief For Copyright Infringement In Cook
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FAQ
U.K. (1)An infringement of copyright is actionable by the copyright owner. (2)In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.
If the case reaches a Crown Court, fines can be unlimited and the maximum sentence up to ten years' imprisonment.
Generally speaking, the copyright holder starts with a cease and desist letter sent to the infringer. They may request monetary damages, an explicit provision of credit to the copyright holder, removal of the infringing work, or other remedies.
Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.
Example: Cease and Desist A cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.
In many patent suits, patent holders seek injunctive relief to prevent an accused infringer from continuingto practice the patented invention. Whether an injunction can be granted depends on various considerations a judge may weigh under her equitable powers.
Section 178 of the CDPA provides that a “computer generated” work is one that is generated by a computer in circumstances where there is no human author of the work. The “author” of a computer-generated work is the person who made the necessary arrangements to create the work.
For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
Monetary Damages A successful plaintiff in a copyright infringement action is entitled to one of two basic kinds of monetary remedies: (1) actual damages or (2) statutory damages.
Defenses to Copyright Infringement Claims Fair use doctrine. Proof the work was independently created and not copied. Innocence (proving there was no reason to believe the work was copyrighted) The use is with a license agreement in place (this can shift liability to the licensor)
