Legal Considerations

The Copyright Law of the United States of America (Title 17) provides that:

• Anyone who violates the exclusive rights of the copyright owner is an infringer of the copyright law.
• The legal or beneficial owner of a copyright is entitled to institute an action (of law) for any infringement.
• Any court having jurisdiction of a civil action arising under this title may grant temporary and final injunctions to prevent or restrain infringement of a copyright. Any such injunction may be served anywhere in the United States.
• At any time while a non-criminal action under this title is pending, the court may order the impounding or phonorecords, plates, molds, matrices, masters, tapes, film negatives, or other articles used in the manufacture of infringing phonorecords.
• The infringer of a copyright is liable for either the copyright owner's actual damages and the infringer's profits, or for statutory damages.
• The copyright owner may elect to recover statutory damages for all infringements involved in the action for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally.
• When any person is convicted of infringing a copyright willfully and for commercial advantage or private financial gain, the court may order the forfeiture and destruction of all infringing copies of phonorecords and all plates, molds, implements, devices, or equipment used for manufacturing, reproducing, or assembling those copies.
• In a case where the court finds that infringement was committed willfully and for commercial gain, the court may increase the award of statutory damages and imprison the infringer.