1. What Is Copyright Infringement?
Copyright infringement occurs when someone uses another person’s creative work — such as music, books, software, or images — without permission or legal right. This can include copying, distributing, or displaying the work without consent.
2. Punishment for Copyright Infringement in the UK
a. Civil Penalties
- Damages: The infringer may have to pay compensation to the copyright owner.
- Injunctions: Court orders to stop infringing activity.
- Legal Costs: The infringer may be required to cover the copyright owner’s legal fees.
b. Criminal Penalties
Under the Copyright, Designs and Patents Act 1988:
- Fines: Up to an unlimited amount, depending on severity.
- Prison Sentence: Up to 10 years for serious cases of commercial-scale infringement.
3. Punishment for Copyright Infringement in the US
a. Civil Penalties
- Statutory Damages: $750 – $30,000 per work infringed.
- Willful Infringement: Up to $150,000 per work.
- Attorney Fees: May be awarded to the winning party.
b. Criminal Penalties
Under US copyright law (17 U.S.C.):
- Fines: Up to $250,000.
- Prison Sentence: Up to 5 years for first offences and 10 years for repeat offences.
4. Examples of Copyright Infringement
- Downloading and distributing pirated movies.
- Copying and selling someone’s artwork without permission.
- Using copyrighted music in a YouTube video without a licence.
- Reproducing a book without the author’s consent.
5. Defences Against Copyright Infringement
- Fair Dealing (UK) or Fair Use (US): Limited use for purposes like criticism, news reporting, or education.
- Expired Copyright: Works in the public domain can be used freely.
- Permission or Licence: Use authorised by the copyright owner.
6. How to Avoid Copyright Infringement
- Always obtain written permission before using someone else’s work.
- Use royalty-free or Creative Commons-licensed materials.
- Create original content.
- Keep records of licences and permissions.
Frequently Asked Questions
Q1: Can you go to jail for copyright infringement?
Yes, serious cases involving commercial-scale infringement can result in prison sentences in both the UK and US.
Q2: Is copyright infringement a criminal or civil offence?
It can be both, depending on the scale and intent.
Q3: What’s the difference between plagiarism and copyright infringement?
Plagiarism is passing off someone’s work as your own, while copyright infringement is using it without legal permission.
Q4: Can accidental infringement still be punished?
Yes, even unintentional infringement can lead to civil penalties.
Q5: How long does copyright last?
In most cases, 70 years after the creator’s death.
Q6: Can I use copyrighted material if I credit the owner?
No, credit alone doesn’t replace the need for permission.
Conclusion
The punishment for copyright infringement can be severe, ranging from hefty fines to prison sentences, especially for commercial-scale violations. Whether in the UK or US, respecting copyright laws and securing permission is essential to avoid legal and financial consequences.