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Can damages and accounts of profits be granted as a remedy for copyright infringement simultaneously in one case in India?
Wiki User
∙ 12y ago
Yes, particularly if the rightsholder feels the act was "prejudicial to his honor or reputation." Account of profits may cover the actual loss of income, while the additional damages address the moral rights.
Wiki User
∙ 12y ago
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What are the prison sentences of committing copyright infringement?
In the United States, most punishment for copyright infringement is in the form of fees. Statutory damages can range from $750 to $30,000 per infringement.
What are common law penalties for copyright infringement?
Generally, owners will settle for actual damages unless the infringement has been extremely damaging.
What is the potential penalty under the copyright act of 1976 for willful copyright infringement?
Civil damages of up to $150,000 in damages per infringement. Criminal penalties include fines and imprisonment up to 5 years; 10 if a repeat offense.
Is infringing copyright a criminal or civil offence Can a person claim ignorence of the fact on copyright Is the publisher equally at fault or just the author Is an award due to the copyright owner?
Copyright infringement is primarily a civil offense however there are options to prosecute criminally in the case of "willful and deliberate" acts of infringement. Ignorance of the existence of copyright is not a viable defense to infringement. If an author is convicted of copyright infringement the publisher can be held liable for contributory infringement if it can be shown that they had knowledge of the infringement prior to publication. If, by a preponderance of the evidence, infringement can be shown then yes a damages award to the copyright holder can be granted.
Is copyright infringement a felony?
Many types of willful infringement of copyright are felonies, under US copyright law. 18 USC § 2319 lists the penalties for various violations, including felonies and misdemeanor copyright crimes. These penalties are in addition to any civil damages or injunction for infringement, which may be claimed by a copyright owner through a lawsuit.
Which ACT criminalized the willful infringement of copyrighted works?
The Digital Theft Deterrence and Copyright Damages Act
What happens if your kids infringe copyright on your computer?
As a general rule, parents can be held liable for damages caused by the actions of their children, including copyright infringement.
What is the British prison sentence for copyright infringement?
The maximum is 10 years, but most infringement cases are settled long before they reach court, for amounts close to real damages.
Can you sue someone for copyright infringement if your work is not registered?
Before an infringement suit may be filed in court, copyright registration is necessary for works of U. S. origin. Bear in mind that a copyright can be filed retroactively, however it will have some effect on the types and amounts of damages awarded.
What are the penalties for infringement to fair use?
Because "fair use" must be proven as a defense to copyright infringement, if it cannot be proven, and there is no other defense, then failure to qualify as fair use will result in the same damages as any other infringement.
What kind of damages are available for copyright?
Statutory damages vary from country to country, but most infringement cases are settled for an amount closer to real damages. For US rightsholders who have chosen to formally register their works, it is also possible to sue for legal fees incurred in defending the copyright.
What is the most you can get fined for copyright?
The maximum fine for copyright infringement is $150,000.00 per incidence.
