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Under current US copyright law the factors necessary to make an infringement a criminal felony are set forth in Title 18 of the U.S. Code, and are determined by the extent of the infringement.

If the infringer has made, in any 180-day period, ten or more copies of one or more copyrighted works with a total retail value of $2,500 the the standard for felony prosecution has been met

The penalties can include fines of up to $250,000.00 USD per infringement and a term of up to 10 years in prison.

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