Archive for the ‘ what happens if I infringe copyright?’ Category

Who\’s going to come after me?

Tuesday, December 21st, 2004

Copyright enforcement is up to the individual copyright holder or its collective agency. Nothing happens \”automatically\”. If you think you have infringed copyright and are concerned about the repercussions, you should consult a lawyer.

Usually, enforcement is a civil process, sometimes requiring a lawsuit, and sometimes culminating in a trial (in reality, most lawsuits settle before trial).

Sometimes copyright (and trade-mark) infringement is handled as a criminal matter. This tends to happen in piracy cases (think videos, software, copy shops, and cheap Disney or designer knockoffs). The police generally will not act unless they are informed of the infringement by the copyright (or trade-mark) owner.

A defendant who is found liable for copyright infringement may be subject to an injunction, and may be required to pay money to compensate for the copyright owner\’s loss, and may be required to pay out any profits made from the infringing activity.

Maybe at this point you\’re thinking that it will be hard for a copyright owner to \”catch\” you. Maybe you\’re right–on the other hand, never underestimate the power of word of mouth, especially on the Internet. There are needlecraft industry representatives out there on the net, right now, who actively seek out and prosecute copyright infringers.