Ramifications of failure to comply with Copyright regulations.

• Non-monetary remedies. Courts may order the impoundment or destruction of items created in violation of copyright. 17 USC 503(a)
• Monetary damages: Courts may order
  • Copyright holders actual damages (financial costs/losses) 17 USC 504(a)(1), including full costs and attorneys fees. 17 USC 505
  • Profits made by the infringer 17 USC 504(a)(1)
  • Statutory damages of $500 to $20,000, depending on what the court feels is just. 17 USC 504(a)(2), 17 USC 504(c)
  • If the copyright infringement was willful, the court may raise the statutory damage amount to $100,000. 17 USC 504(c)(2)
  • If the infringer really thought they were doing the right thing (fair use, etc.) court may fine as little as $200. 17 USC 504(c)(2) This section also applies to employees of non-profit educational institutions who are working in the scope of their employment. 17 USC 504(c)(2)(i)

Criminal penalties - if the court finds the copyright violation was willful and for commercial advantage or private financial gain, the infringer can be jailed for up to five years and fined up to $250,000. 17 USC 506.

Compiled by Stephanie Delaney.