Is Copyright Infringement a Criminal or Civil Matter in New Jersey?
As the creator of a work, you are guaranteed certain protections under the law. As such, you can take solace in the fact that someone violating your rights as a copyright holder can be held responsible for their actions. However, many are unaware of whether or not copyright infringement is a civil or criminal matter. If you’re preparing to hold someone liable for their actions, the following blog explores what you should know about these matters in further detail. Additionally, you’ll discover how a Bergen County, NJ copyrights attorney can assist you through these complex issues to help you fight for the justice you deserve.
What Constitutes Copyright Infringement?
As the creator or owner of a work, you are offered certain protections under the law. Generally, this means no one else can reproduce, copy, publish, disseminate, or create a secondary work without your explicit consent. Additionally, people cannot use your work for financial gain.
For example, if someone uses your book characters to make tee shirts to sell without getting your permission, you may be able to find them in violation of copyright works. However, if the characters are from a work in the public domain, like Count Dracula, for example, they cannot be found in violation. This is because public domain works are available for anyone to use as no one technically owns them anymore.
Are Violations a Criminal or Civil Matter?
In some instances copyright infringement is considered a civil matter under the eyes of the law as it is often used for monetary gain. In many instances, if this is limited to two private parties, this will be a civil matter. You may even be able to file an injunction to prevent the other person from continuing to use your work.
However, in most instances, you’ll find that the violator can be held criminally responsible. If you can prove that you had a valid copyright, the defendant used material without your permission purposefully for financial gain, they may be held criminally responsible. Generally, if there is one copy with a value of $1,000, it can constitute criminal charges. As such, the government will step in to help hold the person liable for their actions as this violates state and federal laws enacted to shield copyrighted works and their holders.
What Can I Do if Someone Violates My Rights?
If your rights as a copyright holder are violated, it’s in your best interest to explore your legal options. You may find that connecting with an experienced attorney can help you recover damages for any losses you may have experienced while protecting the sanctity of your work.
At the Law Offices of Richard E. Novak, we understand how complex these matters can be. That’s why our team is dedicated to helping you navigate these complex matters. If you are a victim of copyright violations, contact us today to learn more.