The unauthorized reproduction, distribution, public performance or other exploitation of a work protected by copyright, such as a film, piece of music, book or piece of software, without the permission of the copyright holder or a legal exception such as fair use. While most copyright disputes are resolved through civil litigation between the rights holder and the infringer, many jurisdictions also criminalize infringement carried out willfully and for commercial advantage or financial gain, such as large-scale commercial piracy operations, reserving criminal prosecution for the most serious and deliberate cases rather than incidental personal infringement. It is legally distinct from the theft of trade secrets and other intellectual property offenses in that copyright protects a specific creative expression rather than confidential information or an invention, and infringement can occur even when the original work remains fully available to its owner.
Facts
Classification CodeCopyright infringement carries both a civil and a criminal track: civil law treats any violation of the copyright owner's exclusive rights as infringement, while criminal liability additionally requires that the infringer acted for the purpose of commercial advantage or private financial gain, the standard 17 U.S.C. 506 sets for criminal copyright infringement. 1 Typical PenaltyIn the United States, wilful criminal copyright infringement carries a maximum fine of $150,000 per instance. 1 Elements of OffenseTo establish criminal liability a prosecutor must first show the basic elements of copyright infringement: ownership of a valid copyright, and the violation of one or more of the copyright holder's exclusive rights. 1 Notable ExampleA 2004 licensing dispute illustrates the scale civil damages can reach: the United States Army paid a software company a total of $4.5 million for a licence of 500 users while allegedly installing the software for more than 9,000 users, and the resulting case settled for $50 million. 1 Jurisdiction VariationCopyright protection strength varies markedly by country: the US Chamber of Commerce's 2021 International IP Index rated Vietnam, Pakistan, Egypt, Nigeria, Brunei, Algeria, Venezuela and Argentina as the nations with the lowest scores for copyright protection. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
Associated With
Source Wikipedia: White-Collar Crime
Has Offense Grade
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Also in Geography Atlas: where this subject is found.
Also in Geography Atlas: where this subject is found.
Also in Geography Atlas: where this subject is found.
Sources
1. Copyright Infringement (Wikipedia)
WikipediaCriminal law section, 17 U.S.C. 506 standard
for the purpose of commercial advantage or private financial gain
Criminal law section, basic elements
ownership of a valid copyright, and the violation of one or more of the copyright holder's exclusive rights
Existing and proposed laws section, 2021 IP Index
the nations with the lowest scores for copyright protection were Vietnam, Pakistan, Egypt, Nigeria, Brunei, Algeria, Venezuela and Argentina
Motivation section, 2004 US Army licensing dispute
In 2004, the US Army paid the company a total of $4.5 million for a licence of 500 users while allegedly installing the software for more than 9000 users; the case was settled for US$50 million.
Criminal law section, statutory maximum fine
wilful copyright infringement carries a maximum fine of $150,000 per instance
View the Source Wikipedia: White-Collar Crime
Associated With: White Collar Crime, Introductory section (lead)Quote, Associated With: White Collar Crime, Introductory section (lead)
Typical white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes, insider trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery.
View the Source USLegal, Inc.: Copyright Infringement Law and Legal Definition
USLegal, Inc.In Group: Intellectual Property and Name Infringement, Legal definitionQuote, In Group: Intellectual Property and Name Infringement, Legal definition
Copyright infringement is the act of violating the copyright owner’s exclusive right through unauthorized or prohibited use of copyrighted material.
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