Copyright Infringement

Copyright Infringement

Copyright infringement is an act that violates a Copyright owner’s exclusive rights under the federal Copyright Act in an original copyrightable Work, by the unauthorized or prohibited use of that Work.

It occurs when, without first receiving permission from the Copyright Owner:

  1. a Work is reproduced
  2. a derivative Work is made based on the Work
  3. copies of a Work are distributed
  4. the Work is performed in public
  5. there is public performance of sound recordings

Under the Copyright Act, statutory damages for copyright infringement are between $750 and $30,000 per work, to be determined at the discretion of the court.  Awards for damages for willful infringement can be as much as $150,000 per work.

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