What is “copyright trolling” and what laws apply to it?
Copyright trolling is an illegal activity in which someone or a company sues people for using or sharing copyrighted materials without permission. It is a form of copyright infringement. In California, the Digital Millennium Copyright Act (DMCA) and the Copyright Act of 1976 are two laws that apply to copyright trolling. The DMCA is a federal law that allows copyright owners to ask online service providers to take down infringing material, and it has a section that makes it illegal for anyone to “troll” or falsely accuse someone of copyright infringement. The Copyright Act of 1976 is the main federal law that protects the exclusive rights of copyright owners in the United States. Under this law, copyright owners may sue for damages, including statutory damages and attorney’s fees. The fines for copyright trolling in California can be quite hefty, ranging from $200 to $150,000 per infringement. These laws are in place to protect creators’ rights and to protect consumers from illegal activity. It is important for both creators and consumers to understand their rights under copyright law. To lessen the chance of being sued for copyright trolling or other related claims, obtaining permission from the copyright owner before using or sharing copyrighted material is the best way to avoid potential legal issues.
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