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A court cannot award both damages and an account of profits; a copyright owner must ask for one or the other. For corporations the financial penalty can be up to $585,000. Individuals may face financial penalties of up to $117,000 and 5 years of imprisonment.
In general, the individual who writes or records an original song owns the copyright in the musical work or sound recording. So if only one person is involved in the writing and recording process, then that person owns the resulting copyrights.
The copyright in a sound recording is owned by the creator of such recording who is usually the person who owns the recording equipment. Only the owner of the work can communicate or perform it to the public and anybody else would need a licence to do so as per the Copyrights Act.
Who is the owner of copyright. The author of the work that is the person who created the work is the first owner of copyright in it. So, as regards to the music (a musical work), the composer would be first owner of copyright, and as regards to lyrics (a literary work), the writer would be the first owner.
All sound recordings created after January 1, 1978, are automatically protected by copyright. A sound recording is considered created when it is fixed in a phonorecord for the first time.
Who owns the Master Rights? The owner of the master rights is usually whoever finances the recording. Typically, this is the record label, unless you're dealing with an unsigned artist. In this case the artist owns the master rights.
England and Wales or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both. Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both. (ii) the design is a registered design.
In certain circumstances, criminal proceedings may be available where copyright has been infringed (sections 107 and 198, CDPA). The maximum penalty for these offences (on conviction on indictment) is ten years' imprisonment, and/or an unlimited fine (both for online and traditional copyright infringement).
Under the criminal law, certain uses of copyright, registered designs or trade mark, without the owner's permission can amount to a criminal offence. These are often referred to as piracy, for a copyright infringement, intentional copying for registered designs, and counterfeiting, for a trade mark infringement.
The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.