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Statutory Damages For Copyright Infringement
Statutory damages for copyright infringement are available under some countries' copyright laws. The charges allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation ''per work'' (as opposed to compensation for losses, an account of profits or damages per infringing copy). Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits of the infringer. At least in the United States, the original rationale for statutory damages was that it would often be difficult to establish the number of copies that had been made by an underground pirate business and awards of statutory damages would save rightsholders from having to do so. Statutory damages in the United States In the United States, statutory damages are set out in of the U.S. Code. The basic level of damages is between $750 and $30,000 per work, at the discretion of the court. Plaintiffs who can show willfu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Account Of Profits
An account of profits (sometimes referred to as an ''accounting for profits'' or simply an ''accounting'') is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment. In conducting an account of profits, the plaintiff is treated as if they were conducting the business of the defendant, and made those profits which were attributable to the defendant's wrongful actions. This can be rather complex in practice, because the defendant's accounting records must be examined (sometimes by a forensic accountant) to determine what portion of his gross profits were derived to the wrongful act in question. As a result, mathematical exactness is not called for and reasonable approximation is acceptable. Historically an account was not an equitable remedy, but was an action at common law, and is therefore technically an instru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Damages
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim. This could be because calculation of a value is impractical, such as in intellectual property cases where the volume of the infringement cannot be ascertained. It could also be because the nature of the injury is subjective, such as in cases of a violation of a person's rights. The award might serve not only as compensation but also for deterrence, and it is more likely to succeed in serving a deterrence function when the potential defendants are relatively sophisticated parties. Other functions that can be served by statutory damages include reducing administrative costs and clarifying the consequences of violating the law. The amount of statutory dama ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Law
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Willful Infringement
Willful may refer to: * Willful blindness, intentionally putting oneself in a position where oneself will be unaware of facts that would render oneself liable * Willful damage, vandalism * Willful violation In the North American legal system and in US Occupational Safety and Health Administration regulations, willful violation or willful non-compliance is a violation of workplace rules and policies that occurs either deliberately or as a result of ne ... Media * Willful Murder, a 1981 Japanese drama film directed by Kei Kumai * The Willful Child, a German fairy tale collected by the Brothers Grimm * The Willful Wife, an 1845 French ballet {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Registration
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source. Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin. For example, a registration is required before an infringement suit may be filed in a US court and registration is required for claiming statutory damages in most cases. Requirement of registration It is a common misconception to c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Office
The United States Copyright Office (USCO), a part of the Library of Congress, is a United States government body that maintains records of copyright registration, including a copyright catalog. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works. The head of the Copyright Office is the Register of Copyrights. Shira Perlmutter, who took office on October 26, 2020,and currently serves as Register. The Copyright Office is housed on the fourth floor of the James Madison Memorial Building of the Library of Congress, at 101 Independence Avenue SE, in Washington, DC. History The United States Constitution gives Congress the power to enact laws establishing a system of copyright in the United States. The first federal copyright law, called the Copyright Act of 1790, was enacted in May 1790 (with the first work being registered within two weeks). Originally, claims were recorded by Clerks of U.S. district courts. In 1870, co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
No Electronic Theft Act
The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be five years in prison with fines. History Prior to the enactment of the NET Act in 1997, criminal copyright infringement required that the infringement was for the purpose of "commercial advantage or private financial gain." Merely uploading and downloading files on the internet did not fulfill this requirement, meaning that even large-scale online infringement could not be prosecuted criminally. This state of affairs was underscored by the unsuccessful 1994 prosecution of David LaMacchia, then a student at the Massachusetts Institute of Technology, for allegedly facilitating massive copyright infringement as a hobby, without any commercial motive. The court's dismissal of '' U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
