{"id":3790,"date":"2021-08-18T17:29:27","date_gmt":"2021-08-18T17:29:27","guid":{"rendered":"https:\/\/wariplaw.com\/?p=3790"},"modified":"2021-08-26T17:55:11","modified_gmt":"2021-08-26T17:55:11","slug":"can-copyright-infringement-be-criminal","status":"publish","type":"post","link":"https:\/\/wariplaw.com\/can-copyright-infringement-be-criminal\/","title":{"rendered":"Can Copyright Infringement be Criminal?"},"content":{"rendered":"
In the creative industry, it\u2019s important to know when your work draws inspiration from another and when it infringes on copyright-protected material. Misuse of another\u2019s content or copyright material with no authorization is known as copyright infringement. It <\/span>has both civil and criminal penalties<\/b>.\u00a0<\/span><\/p>\n In other words, an infringer can be <\/span>sued civilly by the copyright owner<\/b> and <\/span>charged criminally by a prosecutor.<\/b><\/p>\n In this article, we\u2019ll give you a basic summary of how copyright infringement works and the implication of using copyrighted materials without permission. If you want to learn more, <\/span>our experienced Washington D.C. IP attorney<\/span><\/a> has written an in-depth guide on intellectual property issues such as piracy or trademarks entitled \u201c<\/span>Find Clarity and Take Control of Your Intellectual Property.\u201d<\/b> Call us now to <\/span>get a free copy!<\/b><\/p>\n <\/p>\n <\/a>A work is protected by copyright the moment that it\u2019s created. People or businesses can get copyright registration<\/a> on their works if they want to sue for infringement of a US work. Other entities can get authorization to use such materials via content deals or by transacting with the copyright holder.<\/span><\/p>\n “As a basic subject, copyright infringement happens when a copyrighted material is copied, disseminated, executed, released publicly, or turned into a derivative work without the authorization of the copyright holder,” according to the US Copyright Office.\u00a0<\/span><\/p>\n Here are some examples of infringing activity that count as copyright violations:<\/span><\/p>\n Parties may be tempted to commit copyright infringement for different reasons. The most common ones include a higher cost of obtaining licensed work or inadequate connection to the people holding the copyright.\u00a0<\/span><\/p>\n The United States Copyright Office is in charge of processing any infringement registrations or assertions. Producers and publishers of written texts, fine arts, audiovisual arts are all given copyrights. Rather than prosecuting those who break copyright laws, it assists the US Department of Justice (DOJ) with federal district court proceedings and official documents.\u00a0<\/span><\/p>\n If you wish to learn more about how a copyright notice works or about intellectual property rights, be sure to check out our book: \u201c<\/span>Find Clarity and Take Control of Your Intellectual Property.<\/b><\/p>\n <\/p>\n Yes, as mentioned above, copyright infringement can have criminal penalties. Sharing, utilizing, and replicating an intellectual property<\/a> (IP) without the copyright owner\u2019s approval violates United States copyright law.\u00a0\u00a0<\/span><\/p>\n The U.S Copyright Law of 1970 and the Digital Millennium Copyright Act were established to guard creative commons against unlawful use or violation of copyright, in any medium of expression, whether physical or online.<\/span><\/p>\n <\/p>\n Avoid reproduction of works that aren\u2019t yours. The guiding principle in copyright law is to acquire specific consent from the owner of the intellectual content. You are not permitted to use the work except if you own the copyright or acquired the right to reproduce it. Even if a work does not have a copyright symbol, it is covered by copyright at the moment it\u2019s made.<\/span><\/p>\n <\/p>\n The Berne Convention rules, Digital Millennium Copyright Act, and the 1970 Copyright Statute cover the copyright rules. Even people acting in good faith can unknowingly breach copyright law.\u00a0<\/span><\/p>\n If you find it difficult to go through the legalese of these laws, consider our layman-friendly book \u201c<\/span>Find Clarity and Take Control of Your Intellectual Property\u201d <\/b>under the authorship of our <\/span>skilled Washington DC copyright attorney<\/span><\/a>!<\/span><\/p>\n <\/p>\n If you believe that someone has infringed on your copyright, there are steps you can take to defend your rights.<\/span><\/p>\n Sending a Copyright Infringement Notice<\/a> to the infringing party is a common method to address this situation.<\/span><\/p>\n A Copyright Infringement Notice (or a Notice of Claimed Infringement) is similar to a “takedown notice” paper in that it orders the offender to end the infringement promptly, rectify any possible harm, and eliminate any uses of copyrighted content from mainstream society.<\/span><\/p>\n The notice should:<\/span><\/p>\n <\/p>\n If the first approach fails, you have the option to file a legal case<\/a> versus the offending party. In this lawsuit, you and your attorney have to prove that your copyrighted work existed before the other party\u2019s infringing usage.\u00a0<\/span><\/p>\n You can normally seek actual damages (monetary compensation) for any harm that comes directly from infringement.\u00a0<\/span><\/p>\n Navigating lawsuits and copyright notices can be challenging. A single mistake can backfire and delay any action to stop the copyright violation. If you\u2019re interested in suing, hire our skilled Washington DC copyright attorneys to improve your chances of prevailing in your case. Call us now for more information!<\/span><\/p>\n <\/p>\n Here are penalties faced by people who violate copyright:\u00a0<\/span><\/p>\n <\/p>\n If you\u2019re sued for copyright infringement<\/a>, you have many ways to come out as innocent. Here are common defenses used during copyright infringement cases.<\/span><\/p>\nUnderstanding Copyright Infringement<\/strong><\/h2>\n
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Is Copyright Infringement a Crime?<\/strong><\/h2>\n
Tips to Avoid Copyright Infringement<\/strong><\/h2>\n
If It\u2019s Not Yours, Don\u2019t Use It<\/strong><\/h3>\n
Learn How Copyright Works<\/strong><\/h3>\n
What Are My Options In Resolving Copyright Infringement?<\/strong><\/h2>\n
Send a Notice<\/strong><\/h3>\n
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File a Civil Lawsuit<\/strong><\/h3>\n
What are the Implications of Copyright Infringement?<\/strong><\/h2>\n
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Possible Defenses against Criminal Charges<\/strong><\/h2>\n
Public Domain<\/strong><\/h3>\n