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Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense. Copyright infringement can also result in civil judgments.
Copying of a work is difficult to prove, so the copyright owner normally has to prove (i) the infringer had access to the work, and (ii) that the two works are substantially similar from the viewpoint of the average observer.
In an action for copyright infringement, the plaintiff must prove 1) ownership or of a valid copyright; and 2) that the defendant copied constituent constituent elements of the original work without permission. The plaintiff must own all or some of the copyright to sustain a claim for infringement action.
Owners of copyrighted work typically demonstrate that they are the rightful owners of the copyrighted work by introducing the copyright registration as evidence. As it was mentioned in an earlier post, copyright registration within five years of first publication creates a legal presumption of ownership and validity.
The FBI's IPRU encourages victims to report intellectual property crimes through the IPR Center or to any of the FBI's 56 field offices and 63 international legal attaches.
Examples of Copyright Infringement Illegally downloading music files. Uploading someone else's copyrighted material to an accessible web page. Downloading licensed software from an unauthorized site. Modifying and reproducing someone else's creative work without making significant changes. Recording a movie in a theater.
Copying software is an act of copyright infringement and is subject to civil and criminal penalties. It's illegal whether you use the copied software yourself, give it away, or sell it. And aiding piracy by providing unauthorized access to software or to serial numbers used to register software can also be illegal.
Here are the major elements you must establish to prove infringement: You are the lawful owner of a registered copyright in the work (your software). The claimed infringer had access to your work. The infringing work is substantially similar to your work.