Punishment for Violating Copyright Laws
- A temporary injunction prohibits an individual or an entity from continuing to violate copyright until a trial or other court action is taken.
A permanent injunction is a final court order that prohibits an individual or an entity from permanently violating copyright. - Actual damages are the actual losses experienced by a copyright holder when a copyright is violated.
Profits are the money earned by the individual or entity when a copyright is violated. - A copyright holder can request statutory damages, which are calculated per work infringed.
In "innocent infringement," the range of statutory damages is $200 to $150,000 per work.
In "willful infringement," the range of statutory damages is $750 to $300,000 per work. - Statutory damages are not available if the work is unpublished and the copyright violation took place before the effective date of registration.
Statutory damages are not available for published works if the copyright violation took place after the first publication and before the effective date of registration.
However, statutory damages are available for published works if the copyright violation took place after the first publication and the registration is made three months after publication. - If a violator is found guilty, there is a fine of up to $500,000 or imprisonment of up to five years for a first offense.
For subsequent offenses, there is a fine of up to $1 million or imprisonment of up to 10 years.