The penalties for infringing copyright
Copyright infringement is treated as a serious matter, with consequences that go well beyond a takedown request.
Our clients pursue infringement of their works actively. Where a notice does not resolve a matter, or where infringement is repeated or carried out for commercial gain, our clients are prepared to take further action, including legal proceedings.
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Civil liability
A rights holder can bring a claim for damages, or for an account of the profits made from the infringement, and can seek an injunction requiring the infringing material to be removed and preventing further use. In several jurisdictions, statutory damages are available even where the rights holder's actual financial loss is difficult to quantify.
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Platform-level consequences
Most video platforms, marketplaces and hosting services apply their own penalties on receipt of a valid notice, independent of any court action. These commonly include removal of the content, copyright strikes against the account, loss of monetisation, and — for repeat infringement — suspension or termination of the account.
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Costs and legal fees
Where a matter proceeds to litigation, the infringing party can be ordered to pay the rights holder's legal costs in addition to any damages awarded.
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Criminal liability
In many jurisdictions, copyright infringement carried out knowingly and on a commercial scale — for example, large-scale unauthorised sale or distribution — is a criminal offence, prosecutable independently of any civil claim and capable of resulting in fines or imprisonment.
The exact penalties available depend on the jurisdiction and the facts of each case.
If you are using copyrighted material without authorisation, the safest course is to remove it immediately and, if in doubt, contact the rights holder in advance. See our clients for the relevant contact.