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Copyright infringement is an alternative claim to defamation that plaintiffs may pursue and refers to the unlawful use of a work that violates one or more of the exclusive rights of a copyright owner. If a copyrighted work is used without authorization in a way that is protected by copyright, an infringer can be held liable to the copyright holder for monetary damages and other equitable remedies.
An owner of a copyright enjoys several exclusive rights, including:
In order to successfully bring a claim of copyright infringement, the following elements must generally be proven:
Copyright protection applies to pictures, videos, and other information that is published on the internet as well as in other fixed mediums. Additionally, a published work is generally protected by copyright regardless of whether a “©” notice is used or other notice is given that a work is protected by copyright.
If a person or business is found to have infringed another’s copyright, they can be found liable for lost profits or other actual damages that the copyright holder sustains. If an infringement occurs after a work is properly registered with the copyright office, an infringer can be found liable for statutory damages of between $750 and $30,000 per infringement. If it is additionally found that an infringement was intentional or willful, statutory damages for copyright infringement can go up to $150,000 per infringement.
Copyright holders in some cases can also obtain equitable remedies, such as court ordered injunctions, impoundment and destruction of infringing goods, and even awards of attorneys fees.
Not all copying is copyright infringement. There are generally three types of defenses available to defend against a claim of copyright infringement:
If you believe that you or your business is a victim of a copyright infringement, contact the experienced internet attorneys at Minc Law to evaluate your case. Under current laws, it is possible for an attorney to completely remove infringing content from the web immediately. Call (216) 373-7706 today to find out more information.
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“Absolutely outstanding! Minc Law resolved my copyright infringement case, which had been languishing for over five years, in under six months. Superb outcome, lovely people, cannot recommend the firm highly enough!”
Sonya Dunne, March 15, 2021
This page has been peer-reviewed, fact-checked, and edited by multiple qualified attorneys and legal professionals to ensure substantive accuracy and coverage. Our publication process is robust, following a 16-step content creation and review process.