17.7 Copyright Infringement- Copyright Registration Certificate

State:
Multi-State
Control #:
US-JURY-9THCIR-17-7
Format:
Rich Text
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FAQ

Copyright infringement penalties can be civil and criminal and include: Statutory damages between $750 and $30,000 per piece of work infringed upon. Civil penalties of up to $150,000 per piece if willful infringement is found. Actual copyright infringement damages and profits obtained due to infringing activity.

Under section 410(c), a certificate is to ?constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate.? The principle that a certificate represents prima facie evidence of copyright validity has been established in a long line of court decisions, and it is a sound one.

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.

You can typically request a court order demanding the infringing party to immediately stop using the copyrighted material and ask for money damages (that is, monetary compensation) for any actual harm that has occurred as a direct result of the infringement.

The copyright owners of any of these works can pursue infringers by filing lawsuits in federal district courts. Not all copyright owners, however, have the resources to bring a federal lawsuit, which can require substantial time, money, and effort.

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17.7 Copyright Infringement- Copyright Registration Certificate