• SkipNav

• Home

• Articles

• Educational Materials

• Links

• Contact Us

The Copyright Act allows a copyright owner to recover monetary damages measured either by:

(1) actual damages plus any additional profits of the infringer attributable to the infringement, or
(2) statutory damages, of up to $150,000 for each copyrighted work infringed.

The copyright owner also has the right to permanently enjoin an infringer from engaging in further infringing activities and may be awarded costs and attorneys' fees.

The law also permits destruction or other reasonable disposition of all infringing copies and devices by which infringing copies have been made or used in violation of the copyright owner's exclusive rights. In cases of willful infringement, criminal penalties may also be assessed against the infringer.

What are the maximum civil penalties for copyright infringement?

In the United States, the violator is liable for damages suffered by the copyright owner, plus any of the infringer's profits that are attributable to the copying, or statutory damages of up to $150,000 for each work harmed.

What are the maximum criminal penalties for copyright infringement?

In the US, the infringer could be fined up to $250,000 and face a jail term of up to five years.

Do people actually go to jail for this? Yes, they do.

Is ignorance of the fact that your acts are illegal a defense?

Copyright law does not require the person committing the violation, or responsible for the violation, be aware that their actions are in violation of law. The absence of knowledge -- or even intent -- does not excuse the violation and is not a defense in a copyright infringement law suit.