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When is copyright infringement a felony?

Los Angeles, CA |

In order to be prosecuted for a felony , weather it's for profit or not for profit it has to be proven that $2500+ dollars or $2500 (for non profit) was infringed within a 180 day period. meaning if you infringed $3000 over a 360 day period it would not be a felony assuming no 180 day period within that 360 day period did you go over the $2500+ or $2500 limit. Is this correct?

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Attorney answers 2

Posted

NO, that is wrong. If by felony, you mean the customary definition of maximum prison time of 1 year or more, all of the offenses in 17 USC 506(a)(1) qualify because the max penalties under 18USC 2319 we described to you are 1 year or more. They are 1,3,5,6 or 10 years.

You are abusing this site, so that is all you get. This site is not for you to ask 50 questions to try to pick our brains for free when you should be seeing a lawyer and paying for detailed advice. It is for you to review general, non-specific, answers and select a lawyer to go see to get your specific advice.

It appears you are trying to rip-off attorneys without payment, kind of like the felonies you are asking about where you try to rip-off authors, composers, artists and publishers.

I hope no one gives you any more in the way of answers for free.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

Bruce E. Burdick

Bruce E. Burdick

Posted

I felt guilty deliberately giving you a wrong answer for your homework so I will let you know you are partly correct, as 18 USC 3559 defines a sentence of exactly one year as a Class A misdemeanor (the highest level of misdemeanor), so the one year offenses (1st offense under $2500 in any 180 day period) would be misdemeanors, and the 3/5/6/10 max penalties are felonies. See 18 USC 3559 for the exact level. Now, quit abusing this site. Avvo is not intended for law students to get their homework answers. Next time I will give you another deliberately wrong answer and will not feel guilty enough to correct it.

Bruce E. Burdick

Bruce E. Burdick

Posted

And, I won't tell you where the error is in what I just stated.

Posted

You really need to just pick up a phone and call a lawyer. Lawyers spend decades doing this kind of work every day to understand the nuances of the law. You aren't going to learn everything reading a website, any website.

Bruce E. Burdick

Bruce E. Burdick

Posted

That won't happen. This is almost certainly a law student trying to cheat on his homework by getting us to give him the answers.