Is Copyright Infringement a Crime?

Copyright infringement occurs when someone uses copyrighted material without permission. Importantly, this unauthorized use can lead to serious consequences. Read on and reach out to a New Orleans, Louisiana copyright lawyer to learn whether copyright infringement is a crime and how Lemler IP can help ensure your rights are protected from the start.

What Are the Consequences of Copyright Infringement?

The repercussions vary. Some cases result in civil penalties, while others lead to criminal charges. Civil penalties typically involve fines, which can be substantial, as they are designed to compensate the copyright holder. That said, infringers may also face statutory damages, which are predetermined by law and can range from $750 to $30,000 per work.

In cases of willful infringement, the fines increase. The court may impose damages up to $150,000 per work. Additionally, legal fees may be awarded to the plaintiff. These fees cover the cost of litigation.

Criminal charges are less common, however, they are possible. Willful infringement for financial gain is a crime, and the potential penalties are severe. A first offense can result in up to five years in prison, and subsequent offenses carry harsher penalties, including a maximum of ten years in prison and up to $250,000 per offense.

Why Should You Hire an Attorney to Avoid Copyright Infringement?

You should consider hiring an attorney for various reasons. To start, a lawyer can ensure compliance with the law, as copyright law is quite complex. It involves various rights and exceptions, such as fair use, first sale, and more, and misinterpreting them can lead to infringement.

A lawyer can also assist in obtaining necessary permissions, which is essential when using copyrighted material. Proper licensing is crucial, as it ensures you have the legal right to use the work. An attorney can help negotiate licensing agreements, which outline the terms of use and protect both parties involved.

An attorney can also advise on copyright registration. Registering your work provides legal protection and allows you to enforce your rights in court. Without registration, legal recourse is limited. Though registration is relatively simple, it offers significant benefits, such as providing a public record of ownership and allowing for statutory damages and attorney’s fees in litigation.

If you would like to learn more about how to avoid copyright infringement or you require the services of a seasoned New Orleans intellectual property lawyer, please don’t hesitate to contact Lemler IP today.