No. Analog or other nondigital performance of a sound recording does not infringe the copyright in the sound recording. Unlike other kinds of works, the “public performance” right in sound recordings only extends to digital transmissions of a performance of the recording. (This is also known as “livestreaming” the recording.) An analog radio broadcast of […]
Liability for copyright infringement may exist even if the author is credited. Giving the author credit does not eliminate the need to secure permission from the copyright owner to use the work. Copyright infringement differs from plagiarism in this respect.
Is it copyright infringement if the author is given full credit? Read More »
Yes. Copyright infringement is actionable whether the unauthorized use is for profit or not. The absence of a profit may help support a “fair use” defense in some cases, but it is just one of several factors that courts weigh. Even nonprofit use of a copyrighted work without the owner’s permission can result in liability
Can I be sued for copyright infringement if I didn’t make any money from it? Read More »
Yes. Proof of knowledge of the existence of the copyright is not required to establish liability for copyright infringement, and liability for copyright infringement may exist even in the absence of intent to infringe. Innocent infringement is still infringement, although the amount of damages awarded may be significantly lower in such cases.
A copyright infringement claim may be filed in federal court or with the Copyright Claims Board (CCB). Different procedures, remedies, and eligibility rules apply to each of these options. You should consult with an attorney to determine which option is most appropriate for your situation.
How do I file a claim for damages if somebody infringes the copyright in my work? Read More »
The maximum amount that may be awarded in a Copyright Claims Board (CCB) proceeding is $30,000. Within this limit, statutory damages are capped at $15,000 per work.
What is the maximum recovery in a Copyright Claims Board (CCB) proceeding? Read More »
Actual damages, including lost profits, may be recovered for copyright infringement if they can be proven. In some cases, a court may require disgorgement of the infringer’s profits. Statutory damages may be recovered without proof of actual damages if certain criteria are met. The amount of statutory damages can range from $750 to $30,000 per
What amount of monetary damages may be awarded for copyright infringement? Read More »
Willful copyright infringement is a crime punishable by fine and/or imprisonment. Copyright infringement may also result in civil liability for damages and may provide a basis for injunctive relief.
What is the penalty for copyright infringement? Read More »
Copyright infringement is the unauthorized exercise of any of the exclusive rights of copyright ownership. This means that doing any of the following acts without the copyright owner’s permission may constitute copyright infringement: Reproduction (making a copy of the work); Distribution of a copy of the work; Creation of a derivative work based on the
What is copyright infringement? Read More »
No. Mailing a copy of your work to yourself is not an adequate substitute for copyright registration. Sometimes called “the poor man’s copyright,” the idea that mailing a copy of a work to yourself can substitute for registration is false and potentially harmful to a copyright owner’s rights. To file an infringement lawsuit in court,
