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Is Copyright Infringement a Civil or Criminal Matter?

A copyright is a type of protection given to the owner of creative works that affords them exclusive rights for distributing the material. If a person uses another individual's works without permission, they could be accused of violating copyright laws. A copyright infringement case can be pursued as either a civil or criminal matter.

What's the Difference Between a Civil and Criminal Case?

Although both are usually handled in courts, civil and criminal cases are different matters. In a civil case, an individual or company sues another person because of a dispute. In terms of copyright infringement, the owner of the work may take the alleged offender to federal court to recover monetary losses.

In contrast, a criminal case is one in which the government pursues the issue. That's because when a person commits a crime, they are violating laws enacted by the state or federal government. A person convicted of copyright infringement faces incarceration and fines.

Criminal Copyright Infringement

The federal law concerning copyright infringement is 17 U.S. Code § 506, which states that willful unauthorized use of someone else's protected works is illegal.

Under this law, for a person to commit copyright infringement, they must have:

  • Done so for private or commercial financial gain;
  • Over 180 days, reproduced or distributed 1 or more copyrighted works with a total retail value of over $1,000; or
  • Released over a publically accessible computer network material that was intended for commercial distribution

What Are the Penalties for Criminal Copyright Infringement?

If a person is convicted of copyright infringement, they face harsh punishments, and the exact penalties depend on the circumstances of the offense.

The conviction penalties for infringing a copyright for financial gain include imprisonment for:

  • 1 year
  • 5 years if the offense included distributing 10 or more copies of a copyrighted work with a total retail value of over $2,500
  • 10 years for a felony offense and the person has been previously convicted 1 other time for the crime

If the offense involved reproducing or distributing 1 or more works with a total retail value of over $1,000, the penalties include imprisonment for:

  • 1 year
  • 3 years if 10 or more copies were distributed and the total retail value was $2,500 or more
  • 6 years if the crime is a felony and a second or subsequent offense

If the work was distributed on a public network, the penalties include imprisonment for:

  • 3 years
  • 5 years if private or commercial financial gain was involved
  • 6 years if the crime was a felony and a second or subsequent offense
  • 10 years if the crime was committed for private or commercial financial gain, is a felony, and is a second or subsequent offense

If you were charged with a federal crime, our Las Vegas attorneys at The Draskovich Law Group are ready to provide the aggressive and effective counsel you need to fight the allegations made against you. For a free consultation, call us at (702) 381-6590 or contact us online today.