The Copyright Thread: Criminal Infringement in the US

Discussion in 'Industry News' started by TonyG, Apr 30, 2018.

  1. TonyG

    TonyG Audiosexual

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    Here, in the United States you can be criminally prosecuted for it. Specifically, copyright infringement is a crime under Section 506 of title 17 if the defendant infringed willfully and did so either:

    (A) for purposes of commercial advantage or private financial gain;

    (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

    (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

    PENALTIES

    Any person who violates section 506 (a)(1)(A) of title 17:

    (1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $2,500;

    (2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and

    (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.
    Any person who commits an offense under section 506 (a)(1)(B) of title 17

    (1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;

    (2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and

    (3 )shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.

    Any person who commits an offense under section 506(a)(1)(C) of title 17

    (1) shall be imprisoned not more than 3 years, fined under this title, or both;

    (2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gains;

    (3) shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and

    (4) shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under paragraph (2).

    The Copyright Act also states that it is a crime under Section 1201 of title 17 for

    (c) Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

    (d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500

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    The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should construed as legal advice from Audiosex or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this thread without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
     
    Last edited: May 5, 2018
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  3. Kwissbeats

    Kwissbeats Rock Star

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    "if the defendant infringed willfully and did so either."

    So tell me, how often does it happen? I would suspect it to be more likely to get trialed before a civil court?
    I'm not a American citizen however so would like to know.
     
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  4. MMJ2017

    MMJ2017 Audiosexual

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    It is no joke in USA.
    best bet is to stop doing it if you do.
     
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  5. TonyG

    TonyG Audiosexual

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    Typically all the intellectual property offenses are treated as civil offenses unless the laws of state or federal government or not obeyed. How often? More than you think.
     
  6. Herr Durr

    Herr Durr Audiosexual

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    Ghetto salesmen routinely sell homemade copies of all kinds of things to crackheads..and another denizens... for a buck or two
    hey even dregs need entertainment... so consequently the mass producers of these media are the ones
    who tend to get busted in the US...

    suing the teenage girl downloading the latest horrible miley cyrus or christina arrghuilera track
    on her grandma's connection is very bad for optics...
     
    Last edited: Apr 30, 2018
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  7. studio5599

    studio5599 Kapellmeister

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    Wow I wonder who and Why? Someone would post this????
     
  8. TonyG

    TonyG Audiosexual

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    Your statement is ambiguous, nevertheless, if you are referring to this thread the answer as to who the OP is, is pretty obvious. I am I. The reason? A member asked if copyright infringement was just a civil matter. On the other hand, if you were referring to a comment by another member, you need to be more specific as to the member and comment. Better yet, contact member by PM and ask those questions.
     
    Last edited: May 1, 2018
  9. Luka

    Luka Producer

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    @TonyG Another excellent post on copyright law. I have learnt more in 10 hours of roaming this Forum that I did during my previous 22 years. Keep these articles coming.
     
  10. TonyG

    TonyG Audiosexual

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    Thanks for your kind words. Just remember what I said to you earlier: When the time comes to make legal decisions consult with an attorney whose practice is devoted to entertainment law.
     
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