Penalties for Copyright Infringement
Many people have witnessed copyright infringement, or have violated copyrights
themselves, and as a result have become accustomed to certain forms of infringement
through long exposure to their practice. For example, one commonly sees photocopies of
cartoons on refrigerators and bulletin boards, or displayed at the introduction of a
presentation. It is no excuse for infringement to say that others have done it, or that
the practice is widespread.
Under the law, the owner of the copyright can sue the infringer for any damages that
result from the infringement, as well as any profits gained by the infringer arising from
the infringer's use of the copy.
Many people infringe because they assume that the damages and profits arising from
their copying are miniscule, and that copyright owners would not go to the trouble of
suing for these amounts. However, rather than seeking damages and profits, the copyright
owner can instead seek "automatic" damages of between $200-$20,000 for each
instance of infringement, and these damages will be awarded by merely showing that
infringement has occurred. This amount can be increased to up to $100,000 per
instance if the copier knew that the work was copyrighted, and copied in knowing disregard
of the owner's rights. The copyright owner can also seek recovery of his or her costs and
attorneys' fees for bringing the infringement suit. Additionally, the copyright owner can
tie up the infringer's time for months (and even years) in litigation.
It follows that copyright infringement can be an extremely dangerous venture. It can
destroy bank accounts, reputations, careers, and entire businesses.
When is Copying Allowed?
If you are going to copy, these tips will help you avoid infringement:
- Whenever possible, use the original instead. In other words, don't copy unless you have
to.
- Copy material only when you really, immediately need it for patient care,
research, or teaching activities.
- Don't
copy matter merely because you find it amusing or entertaining (e.g., posting
cartoons on the bulletin board).
