Copyright Infringement Penalties

When a dispute concerning copyright arises, the defendant is at risk of incurring severe penalties. In New York, copyright infringement penalties are designed to prevent the infringing party from continuing to do so, while also reimbursing and compensating the plaintiff for any damages they may have suffered.

A copyright infringement suit involves the inappropriate use of copyrighted material by an unauthorised group or individual. Copyright can be granted to intellectual property, such as films, books, music and other creative works. What many people do not realise is that copyright is automatically granted by common law to the creator of a work upon its realisation. While this protection is not as iron-clad as an official formal copyright, it is still significant.

If an official copyright has been granted to a work, this item is protected in such a way as to prevent anyone from copying, distributing or selling it without the permission of the copyright holder. If you are accused of infringement of this kind, it is strongly advised that you acquire the services of one of our experienced copyright lawyers, who can prepare your defense. As this protection applies to intellectual properties, it can be slightly difficult to apply, particularly when the issue of fair use comes into play. It is for this reason that a litigator who is skilled in this area is particularly valuable.

Copyright infringement penalties in New York are suffered by defendants who fail in their bid to demonstrate that infringement has not occurred. They may then be ordered to hand over any copies of the infringing material to the court. This will include the works themselves, along with advertising, promotional and marketing materials that incorporate the image of the copyrighted item. The issue of damages will then arise, which can amount to a considerable sum of money. The defendant will be ordered to transfer any profits generated by use of the copyrighted item to the plaintiff. They may also be instructed to compensate the plaintiff for any loss of earnings, along with any other damages that may be awarded.