Copyright
What is Copyright?
Copyright- is the exclusive legal right, given
to an originator or an assignee to
print, publish, perform, print, or
record literary, artistic or musical
material and to authorize others to
do the same
Protection Of The Owner
• How to secure a copyright material?
• How long copyright protection Endures?
How to get permission
• The person who owns a copyright for his or her
works has sole rights to those works.
• However, the works can still be used by another
person if proper procedures are taken.
Derive and Transfer
• The owner of the copyright can simply derive the
works for another person to use if asked.
• There can also be a transfer of copyright.
Transfer (cont.)
• A transfer of exclusive rights must be done in
writing and it must be signed by owner or power
of attorney.
• A transfer of nonexclusive rights do not need to
be done in writing.
Legal Ramifications
Provisions of NET Act
Infringer Liabilities
Criminal Penalties and Fines
Civil Penalties and Fines
NET Act Provisions
No Electronic Theft (NET) Act:
• Established in 1997 to bridge loopholes in the
United States copyright law
• Modify parameters of copyright infringement
law
• Provides guidance for civil and criminal
prosecution
• Raised levels of statutory damages
Infringer Liabilities
• Statutory damages from $750 -- $30,000 per
work infringed
• Any profits “gained” by infringement
• Fines of imprisonment
• Fines up to $250,000
Civil Fines/Penalties
• Prison fine up to 1 year in prison
• Preventative court injunctions
• Impounding of infringing copies or other articles
• Actual damages and additional profits of infringers
Statutory damages up to $30,000.
• For willful infringement, the award may be increased to
$150,000 per infringed work.
• Full costs/fees for plaintiff’s attorney
Criminal Fines/Penalties
• Fines up to $250,000
• Prison fines not to exceed 3-5 years 1st offense
• Prison fines not to exceed 6-10 years for 2nd offense
• Actual damages and additional profits of infringers
Statutory damages up to $30,000.
• For willful infringement, the award may be
increased to $150,000 per infringed work.
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