How Can Copyright Owners Deal With Copyright Infringement?

Copyright infringement occurs when a copyright owner's exclusive rights are used without permission. Copyright Damages Experts classify infringement into two types: main and secondary. A primary infringement occurs when the defendant commits a direct breach. And when someone helps another person or organization infringe on a copyright, this is known as secondary infringement.



Copyright owners have several options for dealing with copyright infringement, as suggested by Intellectual property consultant, which are detailed below:


1) Injunction:

A copyright owner can seek a preliminary or permanent injunction to prevent or prohibit infringement in the future. If there is a threat of continued infringement, and the court has established responsibility, it usually grants permanent injunctions.


2) Impoundment and Destruction:

At any moment, while the action is proceeding, the courts have the authority to order the impoundment of infringing products. The court may also order the destruction or any other reasonable disposition of the infringing items as part of the final judgment.


3) Damages:

According to Copyright Damages Experts, a copyright owner may choose to recover actual damages and profits from the offender or statutory damages until a final judgment (i.e., damages determined by the statute, here the Copyright Act). Damages for actual infringement may include the copyright owner's losses plus any profits related to the infringement by the offender. The number of statutory damages can range from $200 to $150,000 per infringed work, with the former available only to innocent infringers and the latter available only in cases of willful infringement. Only copyright owners who have registered their copyrights before infringement are eligible for statutory damages.


4) Attorneys Fees and Court Costs:

In certain circumstances, courts have the authority to award reasonable attorney's fees to the prevailing party, including the recovery of entire court expenses by or against any party. On the other hand, Plaintiff copyright owners cannot be awarded costs and attorneys' fees unless they have registered their works with the US Copyright Office on time.



5) Criminal Penalty:

A federal grand jury may indict and try an alleged infringer for criminal copyright infringement if the infringement is willful and for commercial advantage or private financial gain or if the infringement involves the willing reproduction or distribution of multiple copies with a value of more than $1,000 over 180 days. The offender might receive a five-year prison sentence and a fine of up to $250,000.


Statute of Limitation:


A civil copyright infringement claim has a three-year statute of limitations, while criminal actions have a five-year statute of limitations. It is calculated from the date the claim was accrued. A claim is helding to have accrued in most jurisdictions when the plaintiff knew or had reasonable cause to know that the infringement had occurred. However, certain courts may consider a claim to have arisen at the moment of the infringement.


Conclusion:


An intellectual property consultant can guide you through the entire process of obtaining copyright to retaining it and exercising it. What are your experiences with copyright infringement? Please share your stories with us.


Location: California, USA

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