Copyright Infringement: A Criminal Offense or a Civil Matter in the US
Copyright infringement can be either a criminal or a civil matter, depending on the specific circumstances in the United States. This article will explore how copyright infringement is treated under US law, with a focus on when it can be considered a criminal offense and when it is a civil matter.
Understanding Copyright Infringement
Copyright infringement, as defined by the United States Code, is the unauthorized use of a copyrighted work. The legal implications of copyright infringement can vary widely, ranging from modest disputes to serious criminal charges in rare cases.
When Copyright Infringement is a Civil Matter
Most copyright infringement cases in the United States are handled as civil matters. This means that the copyright owner or their agent can file a lawsuit against the infringer to seek monetary damages or other forms of relief. The burden of proof in a civil lawsuit is typically lower than in a criminal case, and the penalties are more limited in scope.
When Copyright Infringement is a Criminal Offense
Copyright infringement can be considered a criminal offense under certain specific conditions. These include circumstances where the infringement is done for commercial advantage and with a retail value of over $1,000, and it occurs within a period of 6 months or less. When these criteria are met, the infringer can face criminal charges, which come with significant penalties including fines and imprisonment.
According to 17 USC 506, criminal copyright enforcement is most commonly reserved for cases involving the mass production or reproduction of bootleg copies of protected works, such as music CDs. These cases typically involve organized crime and commercial operations rather than individual acts of infringement.
Examples and Case Studies
To illustrate the difference, consider the following hypothetical scenario:
Scenario: Paul Heaton, an unemployed homeless person, approaches Huw Evans in a public parking lot in Waalhaven and requests musical compositions. Huw Evans agrees to give him access to his comprehensive song collection, sufficient for seven albums. Heaton agrees to Evans' terms and conditions, sealed with a gentleman's handshake. Returning to the UK, Heaton establishes a new pop group on behalf of Evans.
As Heaton begins to receive royalties for Evans' creative contributions and songs, he quickly reveals his true character, not providing any remuneration to Evans. This pattern of theft continues for 35 years. This case is a civil dispute between Heaton and Evans, concerning overdue payments and royalties. If Evans murders Heaton, it becomes a criminal matter, but it remains a civil dispute during the 35-year period.
Another example involves organized crime groups reproducing and selling protected music CDs in bulk. These operations are more likely to result in criminal charges due to the commercial scale and organized nature of the infringement.
Problems with the Current Legal System
The current legal system faces several challenges:
Bias in Legal Protection: According to the article, lawyers often protect the interests of their clients, sometimes at the expense of justice for those who have suffered infringement. The article posits that it is unjust for the law to protect criminals when these same laws are designed to prevent crime in the first place.
Inadequate Protection for Creators: Musicians and creators like Huw Evans may go for decades without receiving the royalties they are entitled to. The ongoing accumulation of unpaid royalties and outstanding debts highlights the systemic failures in the legal and enforcement mechanisms.
Moreover, the article suggests that this situation raises questions about the justice system's effectiveness and fairness, particularly in cases of prolonged and significant infringement.
To solve these issues, there must be a balance between protecting the rights of copyright holders and addressing the needs and protections of those accused of infringement. This involves rigorous enforcement, fair adjudication, and mechanisms to ensure that creators receive the compensation they deserve.
Conclusion
Copyright infringement in the United States is generally treated as a civil matter, with criminal offenses being relatively rare. However, there are instances where the scale and intent of the infringement can elevate a civil dispute to a criminal case. The legal system must address the complexities of these issues to ensure fairness and justice for all parties involved.