Infringement Remedies Revealed Here

Infringement Remedies Revealed Here

Infringement Remedies Revealed Here

When an author of a creative work discovers that his or her work has been infringed upon based on the laws of intellectual property, he or she has the right to file a civil lawsuit against the infringing party. Copyright infringement in the United States is a very serious offense and is protected by firm intellectual law.

The law is designed to protect authors and the original ideas they create. If a copyright holder successfully files a civil suit against an infringing party, a court will decide on an infringement remedy. The copyright holder may be entitled to an award in the form of monetary damages.

Injunctions and Impounding

An injunction is a court order demanding an immediate halt in the production of accused work of copyright infringement. The purpose of an injunction is to halt the continuation of the illegal activity with respect to the plaintiff's claims of infringement. Assuming that the plaintiff is victorious in the copyright infringement case, any damage done to their work of authorship is minimized due to the injunction. If the defendant is victorious, production of his or her work can resume once the injunction is lifted.

At a certain point during a copyright infringement case, a judge may order the seizure of all manufactured material thought to be illegal due to copyright infringement. In addition, any material used to create the illegal works should also be impounded, including molds, masters, tapes, film negatives, etc.

Damage and Profits

Statutory damages may be requested as copyright infringement remedies by the plaintiff in the event that he or she is victorious. These are basically fixed costs determined by a judge for which the defendant is liable. The range of statutory damages can be anywhere from $750 to $30,000. If it has been found that the infringing party has committed the copyright violation willfully, the total may be raised to $150,000.

Costs and Attorney Fees

Costs and attorney fees can be part of copyright infringement remedies. During a copyright infringement civil suit, regardless of the victorious party, he or she may be entitled to damages based on the costs of going to court. In addition, the victorious party may be awarded the entire cost of the legal fees of his or her attorney, or at least a portion of that cost.




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