When you create content, whether it’s a short film, music, literature, or artwork, you’ll take great pride in knowing it’s a unique creation. However, when someone uses your work without consent, you may not know what the penalties for copyright infringement are. After all, it may cause you to lose vital income. This blog explores what you need to know and explores how copyright infringement lawyers can help you receive compensation for this injustice.
What Constitutes Copyright Infringement?
When work is used without the permission of the copyright owner in most capacities, it is considered copyright infringement. Any time someone reproduces, distributes, or publishes your work, it will constitute an infringement. For example, if you write a book only to find out someone has been printing copies of your book and selling them, this is copyright infringement.
It’s important to note that there are some exceptions. One of the most common is Fair Use. This allows other creators to use your work so long as it is transformative in nature. For example, if you create a short video and another Youtuber uses clips of the video while providing unique commentary, this is considered fair use and does not fall under copyright infringement.
Similarly, work in the public domain is not subjected to copyright laws, as it can no longer be claimed since it has been seventy years since the creator has passed.
What Penalties for Copyright Infringement Can One Face?
It’s important to understand that there are a number of factors that will influence the penalties one will face for copyright infringement.
If you lost income due to the sale of your copyrighted work being distributed for free or sold by another party, you are entitled to recover compensation for the dollar amount of profits. Similarly, the person found to infringe on the copyright may have to pay all court and attorney fees.
Also, the law guarantees you will receive additional compensation if your work has been violated. However, this range is quite expansive, from $200 to $250,000 for each infringement. However, this depends on whether or not it was a “wilful” infringement, whether the person has previously been found in violation of copyright laws, and the retail value of what was violated.
What Can I Do If My Copyright Was Used?
Because there are a number of factors that can influence the outcome of your case, it’s vital to contact an experienced attorney. They will be able to examine the details of your case and provide a more accurate estimate of the damages you may be able to collect for the infringement of your copyrighted work.
At CopyCate Legal, we understand how much effort goes into creating work. As such, we will work to ensure you receive compensation for the income you may have lost as a result of someone stealing your content. Contact us today to learn more about how we can help you.