Payment for Violations

Copyright Infringement Penalties

Copyright infringement is the act of violating any of the exclusive rights of a copyright owner granted by the federal Copyright Act.  In order for the infringement to occur there are three elements that must be in place.

  1. The copyright owner must have a valid copyright.
  2. The person who is charged with infringement must have access to the copyrighted work.
  3. The replication of the copyrighted work must not be included within the exceptions.

The legal penalties for copyright infringement are:

  1. The actual amount of damages and profits
  2. Penalty of anywhere from $200 to $150,000 for each work infringed.
  3. All attorneys’ fees and court costs.
  4. The Court can issue an injunction to stop the infringing acts.
  5. The Court can impound the illegal works.
  6. The infringer can go to jail.

Trademark Infringement Penalty

Under the federal Lanham Act, the remedies for infringement include:

  1. Injunctive relief
  2. An accounting for profits
  3. Damages, including the possibility of treble damages when appropriate
  4. Attorney’s fees and costs.

A plaintiff may recover not only the defendant’s profits, but also damages as these remedies are cumulative. Additionally the actual proven damages can be modified by the court above both damages and profits to the degree three times that established, and profits to a sum that the court finds proper. The court in accordance with the Lanham Act may also issue an order for the destruction of any labels, signs, prints, packages, wrappers, receptacles, and advertisements that are in the defendant’s possession which bear the infringing mark.