What is copyright infringement?

Copyright infringement is the willful infringement of a copyright (a) for purposes of commercial advantage or private financial gain, or (b) by the reproduction or distribution during any 180-day period of copyrighted works with a total retail value of more than $1,000. 17 U.S.C. 506(a)(1) & (2).

What are the penalties for copyright infringement?

Criminal penalties are set out by statute. Penalties include up to five years’ imprisonment for a violation of 17 U.S.C. 506(a)(1) and three years’ imprisonment for a violation of 17 U.S.C. 506(a)(2). A first-time violation involves reproducing or distributing at least ten copies of the copyrighted material with a total retail value of more than $2,500.00.

Are there defenses to copyright infringement?

Yes. The work must actually be registered. There is a five-year statute of limitation. The statute disqualifies mere possession of a copyrighted work as an offense. First Sale Doctrine allows redistribution of legitimately acquired copyrighted works (this does not apply to electronic files). Fair Use Doctrine allows limited use and reproduction of copyrighted works for social benefits. The value of the works may be less than the statutory minimum.