I would like to know what kind of penalties one would get if they sold Mixtape CDs? Would there be any jail time? A hefty fine, what exactly? Please only give real answers. TY.
2006-07-08 19:17:21 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
a roundhouse kick to the dome by the one and only Chuck Norris!
2006-07-08 19:19:58 · answer #1 · answered by de rak 4 · 0⤊ 0⤋
Well, let's see.
Copying a song without a license to reproduce and distribute (whether sold or given away) would be violation of US copyright law, right? And each song copied (per tape) would be a separate instance of violation, yeah?
According to 17 US § 504: "the copyright owner may elect ... to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable ... In a case where ... the court finds that infringement was committed willfully the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."
With respect to any one work. So, that could be potentially up to $150K per song copied, depending upon what the court determined was appropriate, if the action was willful (intentional, rather than negligent).
And that's civil penalties for copyright violation. Criminal penalties could also attach under 17 US § 506 for "Any person who infringes a copyright willfully either (1) for purposes of commercial advantage or private financial gain, or (2) by the reproduction or distribution, including by electronic means ... of one or more copies or phonorecords of one or more copyrighted works..."
Whenever your legal rights and obligations are at issue, you should consult with an attorney licensed to practice in your state. Don't take the word of a random person on the internet, given the possible penalties you could be facing.
2006-07-09 11:02:57 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
Depends what kind of distribution we're talking about here.
Copyright infringement can bring heavy fines if you're moving some serious merchandise. Otherwise, I would think confiscation - misdemeanor if the cop is in a bad mood.
If you're talking about serious litigation, then god knows what they could do..
2006-07-09 02:27:51 · answer #3 · answered by buzzfeedbrenny 5 · 0⤊ 0⤋
Probably jail time, knowing the way that the industry has a hold over lawmakers.
However, you can always "give them away."
2006-07-09 02:21:09 · answer #4 · answered by Walter 5 · 0⤊ 0⤋
slightly greater than the penalties for mix 8tracks
2006-07-09 02:20:55 · answer #5 · answered by hotrod9230 2 · 0⤊ 0⤋