Civil and Criminal Penalties for Copyright Violations
Copyright infringement is the act
of exercising, without permission or legal authority, one or more of the
exclusive rights granted to the copyright owner under section 106 of
the Copyright Act (Title 17 of the United States Code). These rights
include the right to reproduce or distribute a copyrighted work. In the
file-sharing context, downloading or uploading substantial parts of a
copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal
penalties. In general, anyone found liable for civil copyright
infringement may be ordered to pay either actual damages or "statutory"
damages affixed at not less than $750 and not more than $30,000 per work
infringed. For "willful" infringement, a court may award up to $150,000
per work infringed. A court can, in its discretion, also assess costs
and attorneys' fees. For details, see Title 17, United States Code,
Sections 504, 505.
Willful copyright infringement can
also result in criminal penalties, including imprisonment of up to five
years and fines of up to $250,000 per offense.
For more
information, please see the Web site of the U.S. Copyright Office at
www.copyright.gov, especially their FAQ's at http://www.copyright.gov/help/faq.