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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?
Weehughy
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.
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Does copyright fall under civil or criminal law?
A civil case is between two people or organizations; a copyright example would be a photographer suing a publisher in civil court for using one of his images in a book without permission.A criminal case is between an infringer and the government; this only happens in extreme, extreme infringement cases, such as large-scale piracy. A slight but useful oversimplification of the issue would be to say that a criminal case arises when the infringement is so significant that it impacts the economy.
Who is the publisher of criminal law by smith and hogan?
The publisher of "Criminal Law" by Smith and Hogan is Oxford University Press. This book is a well-known and respected resource in the field of criminal law.
What are the possible criminal remedies for violating copyright in section 40 of the copyright act?
* because of life
What would happen if someone was found violating a copyright act?
Depends upon who "finds" them and what actual violation is occurring. As a general rule, the copyright owner can sue for actual damages or, for a registered copyright in the USA, for statutory damages (up to $150,000). If the copyright infringement is also willful and for profit, it can be investigated by the FBI and result in criminal prosecution in addition to civil lawsuit. All infringing articles may be seized and destroyed. Also, if the violation occurs in an online forum, the online host can be requested to remove the copyright violation immediately, failing which the host can be sued along with the member who provided the unauthorized upload (publication).
Is copyright law criminal or civil law are you tried in criminal or civil courts?
Copyright law is a civil matter. But sometimes it can stray into criminal law, if for example you download a movie illegally that is a civil matter, but if you then sell copies of that movie it is criminal. To clarify, in the UK it is not illegal to buy 'pirate' DVDs but it is illegal to sell them.
What charges can be given for infringing the copyright laws?
In the United States, anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rightsThere are also provisions for criminal prosecution of infringement and, although rare, they can carry penalties of up to $250,000.000 USD as well as 10 years in prison.
Is copyright a law or just a suggestion?
It is something that can be enforced through legal means if necessary, and fraudulent breach of copyright is a criminal offense in many countries.
If you copyright something and the government finds out can they take your computer away?
If you are charged with criminal copyright infringement, yes your computer can be seized, by federal agents, as evidence.
Is infringement of copyright a civil or criminal law?
Yes, copyright infringement can be a civil or (in the USA) a criminal offense. 17 USC § 501 Civil infringement 17 USC § 506 Criminal infringement, punished under 18 USC § 2319 Criminal Code. There are a few other sections of Title 17 providing for specific criminal sanctions, including fines.
What is Kim Dotcom being charged for?
Conspiracy to Commit Racketeering, Conspiracy to Commit Copyright Infringement, Conspiracy to Commit Money Laundering, Criminal Copyright Infringement.
Is copyright infrigement considered a crime?
Yes. Depending on the circumstances it can be either a civil or criminal offense.
Is there any criminal provision to copyright?
Yes; exceptionally egregious infringement cases can be handled in criminal court, and carry prison terms in addition to enormous fines.
