JM Marketing Firm Copyright Infringement Penalties

Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act.  There are three elements that must be in place in order for the infringement to occur.

  1. The copyright holder must have a valid copyright.

  2. The person who is allegedly infringing must have access to the copyrighted work.

  3. The duplication of the copyrighted work must be outside the exceptions.

 

The legal penalties for copyright infringement are:

  1. Infringer pays the actual dollar amount of damages and profits.

  2. The law provides a range from $2500 to $150,000 for each work infringed.

  3. Infringer pays for all attorneys fees and court costs.

  4. The Court can issue an injunction to stop the infringing acts.

  5. The Court can impound the illegal works.

  6. The infringer can go to jail.

THIS LAW APPLY TO ANY ONE OR ANY WEBISTES OWNERS  THAT COPY OUR DESIGNS AND CONTENTS FROM JMMARKETING FIRM INC.PLEASE MAKE SURE YOUR SOURCE HAVE THE RIGHT TO USED THOSE CONTENT OR YOU WILL BE FINE  FROM $2500 TO $150.000 FOR EACH WORK INFRINGED. 

OUR TRADEMARK OR COPYRIGHT

we provide copyright for all our project registration for following areas:

  • WEBSITES & ONLINE WORKS

  • COMPUTER PROGRAMS

  • WRITTEN MATERIALS

  • BOOKS & ARTICLES

  • SOUND RECORDINGS

  • MUSICAL COMPOSITIONS

  • PHOTOGRAPHY

  • VISUAL ARTS & GRAPHICS

  • TECHNICAL WORKS

  • PERFORMING ARTS & SCREENPLAYS

Copyright Infringement
A copyright owner enjoys the following exclusive rights:

  • to reproduce the work in copies

  • to prepare derivative works based upon the work

  • to distribute copies of the work to the public

  • to perform the work

  • to display the copyrighted work

  • and, in the case of sound recordings, to perform the work publicly by means of a digital audio transmission

 


See Rights Granted Under Copyright for more discussion.

In order to bring a successful claim of copyright infringement in the context of copying on a blog or website, the plaintiff must generally prove:

  • That she is the owner of a valid copyright in the work or has the legal authority to bring a lawsuit;

  • That the defendant actually copied the copyrighted work, either by direct evidence of the copying or evidence that shows: (a) the defendant had access to the original work and the defendant's work is substantially similar to the copyrighted work, or (b) the defendant's work has a striking similarity to the copyrighted work; and

  • The copied sections of the work are protected by copyright (i.e. not merely copying facts from the copyrighted work)

If the defendant is found liable for copyright infringement, the copyright holder will be entitled to recover his or her actual damages (e.g., lost profits) or, if certain conditions are met, statutory damages between $2500 to $150,000 per infringement.  If the plaintiff can prove the infringement was willful, the statutory damages may be as high as $150,000 per infringement. 

Defenses

There are three common defenses available to defendants who are faced with a copyright infringement claim:

  • The work used is not covered by copyright (i.e. characterize the work as being factual only, without any expressive element).

  • The defendant independently created the work herself. As discussed above, any claim of infringement must involve the defendant's use of an unauthorized copy of the plaintiff's work. Thus, infringement cannot occur in the absence of the defendant's copying the plaintiff's work. Additionally, no provision of copyright law bars another author from independently creating a work that is remarkably similar to another.

  • The use is a fair use. The doctrine of fair use is the third, and most oft-cited, defense. The courts and Congress adopted the fair use doctrine to permit uses of copyrighted materials considered beneficial to society, many of which are also entitled to First Amendment protection. Fair use will not permit you to merely copy another’s work and profit from it, but when your use contributes to society by continuing the public discourse or creating a new work in the process, fair use may protect you. Refer to our section on fair use for a more in-depth discussion on the doctrine.

Note that the infringing use of a copyrighted work cannot be cured by attribution (i.e. citing the copyrighted work). While citing to the original source is always a good idea, attribution will not protect you from a claim of copyright infringement.