A copyright is a type of protection given to the owner of creative works that affords them exclusive rights for distributing the material. If a person uses another individual's works without permission, they could be accused of violating copyright laws. A copyright infringement case can be pursued as either a civil or criminal matter.
What's the Difference Between a Civil and Criminal Case?
Although both are usually handled in courts, civil and criminal cases are different matters. In a civil case, an individual or company sues another person because of a dispute. In terms of copyright infringement, the owner of the work may take the alleged offender to federal court to recover monetary losses.
In contrast, a criminal case is one in which the government pursues the issue. That's because when a person commits a crime, they are violating laws enacted by the state or federal government. A person convicted of copyright infringement faces incarceration and fines.
Criminal Copyright Infringement
The federal law concerning copyright infringement is 17 U.S. Code § 506, which states that willful unauthorized use of someone else's protected works is illegal.
Under this law, for a person to commit copyright infringement, they must have:
- Done so for private or commercial financial gain;
- Over 180 days, reproduced or distributed 1 or more copyrighted works with a total retail value of over $1,000; or
- Released over a publically accessible computer network material that was intended for commercial distribution
What Are the Penalties for Criminal Copyright Infringement?
If a person is convicted of copyright infringement, they face harsh punishments, and the exact penalties depend on the circumstances of the offense.
The conviction penalties for infringing a copyright for financial gain include imprisonment for:
- 1 year
- 5 years if the offense included distributing 10 or more copies of a copyrighted work with a total retail value of over $2,500
- 10 years for a felony offense and the person has been previously convicted 1 other time for the crime
If the offense involved reproducing or distributing 1 or more works with a total retail value of over $1,000, the penalties include imprisonment for:
- 1 year
- 3 years if 10 or more copies were distributed and the total retail value was $2,500 or more
- 6 years if the crime is a felony and a second or subsequent offense
If the work was distributed on a public network, the penalties include imprisonment for:
- 3 years
- 5 years if private or commercial financial gain was involved
- 6 years if the crime was a felony and a second or subsequent offense
- 10 years if the crime was committed for private or commercial financial gain, is a felony, and is a second or subsequent offense
If you were charged with a federal crime, our Las Vegas attorneys at The Draskovich Law Group are ready to provide the aggressive and effective counsel you need to fight the allegations made against you. For a free consultation, call us at (702) 381-6590 or contact us online today.