What are the protections against copyright infringement?

Copyright infringement is any unauthorized use of a copyrighted work, such as a musical recording, book, movie, or artwork. In Indiana, it is illegal to use copyrighted material without the permission of the copyright holder. Copyright holders have several protections against copyright infringement. The first protection against copyright infringement is the Digital Millennium Copyright Act (DMCA). This federal law provides legal protection to copyright owners by criminalizing the unauthorized production, reproduction, or distribution of copyrighted works. The DMCA also provides for legal remedies such as monetary damages and injunctions (court orders preventing future infringement) for anyone found to have infringed on a copyright. The second protection against copyright infringement is the copyright owner’s right to bring a civil lawsuit against the infringer. This lawsuit can result in a monetary award to the copyright owner. The court also can order the infringer to stop using the copyrighted work. The third protection against copyright infringement is criminal prosecution. Under Indiana law, it is a felony to willfully infringe on a copyright and can result in prison time. If convicted, a person may be fined up to $250,000 and face up to five years in prison. Finally, Indiana also has a “fair use” doctrine which allows for limited use of copyrighted material without permission for purposes such as education or criticism. The fair use doctrine is complicated and best evaluated on a case-by-case basis. By understanding the protections available against copyright infringement, copyright owners can take appropriate action if their works are infringed.

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