| Commentary

85 USA: civil and criminal liability for infringement

| Commentary

85 USA: civil and criminal liability for infringement

The owner of the copyright or exclusive right under copyright is entitled to institute civil proceedings in relation to any infringement of that right1. The remedies available in an infringement action include injunctive relief2, the impounding of infringing articles and any materials enabling infringing articles to be produced3, actual damages and profits4, statutory damages5, additional damages in certain cases6, as well as costs and attorney’s fees7.

The legislation contains specific provisions limiting liability in relation to on-line material8. A service provider is not liable for monetary relief or for injunctive relief (other than

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