Copyright Infringement Consequences

"We all have choices. It's whether or not we want to face the consequences of our choices." - Courtney Lane

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Any person found guilty of an infringement of copyright shall be liable:

(a) To an injunction restricting such an infringement. The court may also order the defendant to desist from an infringement, among others, and to prohibit the entry into the channels of commerce of manufactured inputs that involve an infringement, immediately after customs clearance of such commodities.

(b) To pay to the copyright owner actual damages, including legal costs and other expenses, as he may have suffered due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove any aspect of cost which he claims, or, in place of actual damages and profits, such damages which to the court shall appear to be just and shall not be considered as penalty.

(c) To deliver under oath, for repossessing during the pendency of the action, sales invoices and other records evidencing sales and all articles as well as their packaging alleged to infringe a copyright and implements for creating them. - To all infringing copies or machines, as well as all plates, molds or other means of producing such infringing copies as may be directed by the court, shall be delivered under oath for destruction without any compensation.

(d) Such other terms and conditions, including the payment of moral and exemplary damages, which the court can find reasonable, wise and equitable, and the destruction of infringing copies of the piece, even in the event of acquittal in a criminal case.

Source: Federis & Associates Intellectual Property Firm (2013)