How Do You Prove Copyright Infringement?

Copyright infringement penalties can be civil and criminal and include: Statutory damages between $750 and $30,000 per piece of work infringed upon.

Civil penalties of up to $150,000 per piece if willful infringement is found.

Actual copyright infringement damages and profits obtained due to infringing activity..

Copyright infringement may occur when a copyrighted work is copied by another without the copyright owner’s permission. Copying does not need to be a direct word-for-word copy of the work. … United States copyright law has long recognized that some copyright infringement acts are defensible as fair use.

Types of Copyright Infringement In perhaps the most famous case of its kind, the U.S. District Court in San Francisco held that Napster’s music sharing service constituted contributory infringement by knowingly allowing its users to trade protected music. Image and text copyright are two common types of infringement.

Other examples of copyright infringement include:Downloading movies and music without proper payment for use.Recording movies in a theater.Using others’ photographs for a blog without permission.Copying software code without giving proper credit.Creating videos with unlicensed music clips.More items…

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

To determine if an alleged infringement is fair use, courts consider (1) the purpose and character of use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of …