What are the laws regarding online copyright infringement?
In South Dakota, online copyright infringement is taken seriously and is treated as a criminal offense. This means that it is illegal to use or distribute protected content - such as written works, music, art, and video - without the permission of the copyright holder. If one is found guilty of copyright infringement, they can face criminal charges and potential fines of up to $30,000 and/or imprisonment. In order to be found guilty of copyright infringement, there must be proof that the person was aware of the infringement or should have been aware it was occurring. Additionally, there must be proof that the person willfully infringed upon the copyright of another party. This means that it must have been done intentionally, with awareness of the legal implications. Aside from criminal prosecution, a copyright holder may also take civil action against another party for copyright infringement. The copyright holder may file a civil lawsuit, which can result in the liable party paying damages and/or attorneys’ fees. In most cases, a monetary award will be given to the copyright holder in an effort to partially or wholly compensate the copyright holder for the damages incurred due to the infringement. It is important for South Dakota residents to understand the laws and potential consequences of copyright infringement. Not only is it illegal, but it can have serious financial and legal repercussions.
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