Copyright Infringement of Internet Articles

Significant Penalties for Stealing a Writer’s Work

Jul 12, 2009
David J. Shestokas

A copyright owner has the exclusive right to reproduce, distribute, perform, display, or license his work. Congress regulates this under authority of US Constitution.

The Constitution grants Congress the power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ..." Copyright coverage under the law now includes: architectural design, software, the graphic arts, motion pictures, and sound recordings. It includes articles by writers written and published on the internet.

Internet Articles, Blogs, and Websites Covered by Copyright Law

An industry has grown up around internet content. There are tens of thousands of individuals producing material for internet publication. Copyright law protects these publications.

Technology makes it simple to copy, steal and republish these copyrighted works. The republication by someone other than the owner is a copyright infringement.

Exceptions to use of Copyrighted Material

There are exceptions for limited use of copyrighted material. The most claimed by possible infringers is that of “fair use”. This is typically using excerpts for reviews and commentary. Acknowledging that material is copyrighted is not a defense to infringement. “Fair use” is measured by these factors:

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work

Copyright Protection Attaches at the Creation and is International

US Copyright protection arises automatically when an original work of authorship is fixed in a tangible medium of expression. Registration with the Copyright Office is optional. International protection is provided through several agreements, including the Berne Convention, the Uniform Copyright Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights

Rights Protected Under Copyright Law

to reproduce the copyrighted work in copies or phonorecords;
to prepare derivative works based upon the copyrighted work;
to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly;
in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Anyone who violates any of the exclusive rights of the copyright owner or of the author is an infringer of the copyright or right of the author.

Possible Criminal Penalties for Copyright Infringement

In the US, criminal penalties exist for copyright infringement. For a first time infringer the possible penalty is up to a $500,000 fine and/or five years in prison. For repeat offenders the possible sentence increases to $1,000,000 and/or ten years in prison.

Civil Actions Against an Infringer by the Copyright Owner

The primary enforcement of rights of copyright owners is through private lawsuits. The legal remedies for owners against infringers may include injunctions, payment of actual damages, payment of damages provided for by statute and payment of their attorneys’ fees and the costs of enforcing their rights.

Injunctions. An injunction is a court order issued that prohibits or requires an activity. In a copyright case, a court can order a copyright infringer to cease further use of copyrighted material. This order may be temporary or permanent. If the infringer does not obey the court order, the result is contempt of court, with its own civil and criminal penalties.
Actual Damages. Actual damages include lost profits of the copyright owner and profits gained by the infringer. The copyright owner’s loss of income suffered as a result of the infringement is paid by the infringer, and whatever income the infringer made from the infringer is turned over to the copyright owner.
Statutory Damages. If certain legal requirements are met, US law provides for damages paid by the infringer of up to $30,000. If the court finds a willful infringement, the damages charged to the infringer may be increased up to $150,000.
Attorneys’ Fees and Costs. The court may allow the recovery of full costs by the copyright owner. The court may also award a reasonable attorneys’ fee. In many instances the fees and costs can exceed the amount of the damages that are ordered to be paid.