Statutory penalties for this case include judgments between $750 and $30,000 for each infringed work and up to $150,000 per song for willful infringement.
In addition to being expensive to litigate, a copyright lawsuit can result in statutory damages (which can range between $750 to $30,000 for each infringing work found on a website), some or all of an infringer's profits and even steeper penalties for willful infringement.
"Note: Providing us with search terms such as 'Artist A' or 'Song B' will not be considered reasonably sufficient for us to locate the alleged infringing work.
If there is some copying, courts typically look to whether the allegedly infringing work is "based upon" or "substantially similar to" the original work.
4. Illegal file-sharers don't care whether the copyright-infringing work they distribute is from a major or independent label.
In July 2009 a federal district court judge rejected Fox's motion to dismiss, saying that the first three fair use factors involved — "purpose and character of the use", "nature of the infringed work" and "amount and substantiality of the taking" — counted in Metrano's favor, while the fourth — "economic impact" — had to await more fact-finding.
For it to apply, the infringer must be able to show that the dealing was for criticism or review, that the infringed work was previously made available to the public, that the dealing was fair, and that the dealing was accompanied by an acknowledgement.
If an infringing work has cost you money, carefully document how far your income has fallen.
Withdrawn by govt. #44: Raises maximum penalty for criminally making copyright-infringing works to £50,000.
Baidu scrubbed 2.8 million copyright-infringing works from its online library service, Wenku, just days after the Chinese National Copyright Administration announced that it was investigating the company for infringement of copyright regarding books.
In its filing the news organization said, "It is simply not credible that Fairey somehow forgot in January 2009 which source image he used to create the infringing works, which were completed only a year earlier in January 2008".
