Copyright Infringement | My Tuition Class

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The principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which provides that "[a]ny person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain" shall be punished as provided in 18 U.S.C. § 2319. Section 2319 provides, in pertinent part, that a 5-year felony shall apply if the offense "consists of the reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, with a retail value of more than $2,500." 18 U.S.C. § 2319(b)(1).

The 1992 amendments to section 2319 have made it possible to pursue felony level sanctions for violations relating to all types of copyrighted works, including computer software and other works written, stored or transmitted in a digital format, if the other elements of the statute are satisfied. Felony penalties only attach to violations of a victim's rights of reproduction or distribution in the quantity stated. A misdemeanor shall apply if the defendant does not meet the numerical and monetary thresholds, or if the defendant is involved in the infringement of the other rights bestowed upon the copyright holder, including the right to prepare derivative works, or the right to publicly perform a copyrighted work.

There are four essential elements to a charge of criminal copyright infringement. In order to sustain a conviction under section 506(a), the government must demonstrate: (1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain. Attempts to infringe are prohibited to the same extent as the completed act. Conspiracies to violate the Act can be prosecuted under 18 U.S.C. § 371. A minority of courts also require that the government prove the absence of a first sale, and refer to this as a fifth element of a section 506(a) offense. However, the majority position is that the absence of a first sale is an affirmative defense. Thus, the government does not need to allege it in the indictment or to present initially evidence to negate the defense. See this Manual at 1854.

Hello, and thank you for visiting Spotify's copyright policy page. Spotify respects intellectual property rights and expects its users to do the same. If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Spotify Service infringes your copyrighted work, please let us know.

Please use this web form to submit a notice of alleged copyright infringement. Alternatively a notice of alleged copyright infringement may be sent to Spotify's designated copyright agent at the following address:

A notification of alleged copyright infringement must be addressed to Spotify's copyright agent as listed above. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), LinkedIn has implemented procedures for receiving written notification of claimed infringements. LinkedIn has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:

Stanford has designated an agent to receive notifications of alleged copyright infringement in the stanford.edu, stanford.org, stanford.com, sup.org, and supdigital.org domains. If you believe your copyrighted work is being infringed on a Stanford site, please notify the Stanford Information Security Office.

Failure to include all of the above-listed information may result in a delay of the processing of your complaint. Stanford will terminate the online privileges of users who infringe the copyright of others.

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at

This action is among the largest criminal copyright cases ever brought by the United States and directly targets the misuse of a public content storage and distribution site to commit and facilitate intellectual property crime.

The indictment states that the conspirators conducted their illegal operation using a business model expressly designed to promote uploading of the most popular copyrighted works for many millions of users to download. The indictment alleges that the site was structured to discourage the vast majority of its users from using Megaupload for long-term or personal storage by automatically deleting content that was not regularly downloaded. The conspirators further allegedly offered a rewards program that would provide users with financial incentives to upload popular content and drive web traffic to the site, often through user-generated websites known as linking sites. The conspirators allegedly paid users whom they specifically knew uploaded infringing content and publicized their links to users throughout the world.

As alleged in the indictment, the conspirators failed to terminate accounts of users with known copyright infringement, selectively complied with their obligations to remove copyrighted materials from their servers and deliberately misrepresented to copyright holders that they had removed infringing content. For example, when notified by a rights holder that a file contained infringing content, the indictment alleges that the conspirators would disable only a single link to the file, deliberately and deceptively leaving the infringing content in place to make it seamlessly available to millions of users to access through any one of the many duplicate links available for that file.

In general, you must have permission from the copyright holder to copy, distribute, modify, display or perform their work. There are few legal ways you can use copyrighted material in these ways without first obtaining permission from the copyright holder.

Peer to peer file sharing and illegal downloading can be a problem for universities because the universities provide students and employees significant bandwidth distribution for research and scholarship. Sharing and/or downloading copyrighted music, videos, and film is both illegal and against NC State policy. It is critical that students and employees understand that illegal file sharing and downloading may have serious consequences and that they should refrain from such activity. The recording and motion picture industries have adopted an increasingly aggressive position in finding and prosecuting individual infringers, particularly in the university setting, for the sole purpose of making an example of impermissible uses and deterring other infringing activities.

In October 1998, Congress and the President signed the Digital Millennium Copyright Act (DMCA). Of importance to universities is the provision in the DMCA which limits liability of online service providers for copyright infringement where certain preventive measures are adopted. The intent is to encourage voluntary compliance with copyright law as it applies in digital media and to discourage illegal downloads and file sharing.

Students and staff should seek private legal counsel if they believe their copyright has been infringed upon. Infringements of copyrights owned by NC State should be reported to the Office of General Counsel.

This page details information on copyright infringement notices for websites ("sites") maintained by the Free Software Foundation including: fsf.org, gnu.org, ftp.gnu.org, audio-video.gnu.org, libreplanet.org, defectivebydesign.org, playfreedom.org, directory.fsf.org, savannah.gnu.org, and savannah.nongnu.org (collectively "FSF's sites"). If you believe there is a work or multiple works on one of the FSF's sites that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following:

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. 781b155fdc