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Copyright law is
governed by the United States Code,
Title 17. This
document details the types of works that can be copyrighted, the rights
the copyright holder has, situations where copies may be made without the
holder's permission as well as the penalties for copyright infringement.
Title 17 of the US
Code, Section 106 lists the rights the
copyright holder has:
"...the owner
of copyright under this title has the exclusive rights to do and to
authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) 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"
Sections 501 and 506 deal specifically with
copyright infringement and penalties:
"Anyone who
violates any of the exclusive rights of the copyright owner as provided
by sections 106 through 118 or of the author as provided in section
106A(a)...is an infringer of the copyright or right of the author, as the
case may be"
"Any person who infringes a copyright willfully and for purposes of
commercial advantage or private financial gain shall be punished as provided
in section 2319 of title 18."
"When any person is convicted of any violation of subsection (a),
the court in its judgment of conviction shall, in addition to the penalty
therein prescribed, order the forfeiture and destruction or other
disposition of all infringing copies or phonorecords and all implements,
devices, or equipment used in the manufacture of such infringing copies
or phonorecords."
"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."
Finally, Title 18, Section 2319
details the punishment for copyright infringement:
"Whoever
violates section 506(a) (relating to criminal offenses) of title 17 shall
be punished...and such penalties shall be in addition to any other
provisions of title 17 or any other law."
"Any person who commits an offense under subsection (a) of this
section 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, during any 180-day period, of at least 10
copies or phonorecords, of 1 or more copyrighted works, with a retail
value of more than $2,500; 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
second or subsequent offense under paragraph (1); and shall be imprisoned
not more than 1 year, or fined in the amount set forth in this title, or
both, in any other case."
Please
note: Action Duplication is not in the business of providing legal
counsel.
This
is just a portion of the US Code related to copyright law.
You
should consult a legal professional for a complete explanation of
copyright laws and issues.
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