What are the penalties for copyright infringement in the US?
Executive summary
Civil remedies for U.S. copyright infringement commonly include actual damages, the infringer’s profits, and statutory damages ranging from as little as $200 up to $150,000 per work in many cases (17 U.S.C. §504) [1] [2]. Criminal penalties apply for willful, commercial-scale infringement and can include prison — commonly cited maximums are 5 years (for certain offenses) and up to 10 years for recidivists — and fines up to $250,000 in aggravated cases [3] [4].
1. Civil penalties: statutory damages, profits and injunctive relief
Copyright owners usually sue civilly. Under 17 U.S.C. §504, courts can award the copyright owner the defendant’s profits, the owner’s actual damages, or statutory damages; statutory damages law provides a wide range (minimum reductions exist for “innocent” infringers and specific exceptions for certain nonprofits) and courts may reduce awards where fair use or innocent infringement is shown [1] [2]. Many legal guides and law sites summarize that statutory damages can be very large — including commonly quoted figures up to $150,000 per infringed work in willful cases — but the statutory text also allows much lower awards in appropriate circumstances [2] [5].
2. Criminal penalties: willfulness, commercial scale and enhanced recidivist sentences
Criminal prosecution is reserved for willful infringement, typically where copying is for commercial advantage or private financial gain on a larger scale. Federal criminal statutes (17 U.S.C. §506 in combination with 18 U.S.C. §2319) authorize criminal fines and imprisonment; prosecutors and defense guides note misdemeanor and felony distinctions depend on the value and intent behind the infringement [6] [3]. The Justice Department’s guidance highlights enhanced penalties for repeat offenders — second or later convictions can carry a maximum 10‑year prison term and fines up to $250,000 [4]. Other summaries cite imprisonment up to five years for certain willful offenses and corresponding fines up to $250,000, reflecting how different statutory subsections and case facts affect maximum exposure [7] [3].
3. Which facts matter to judges and prosecutors
Both civil and criminal outcomes hinge on intent and scale. Civil courts can lower statutory damages for an “innocent” infringer or for good‑faith fair‑use beliefs (statutory minima as low as $200 are available in some cases) [1] [2]. Criminal cases require proof of willfulness and frequently focus on the retail value or number of infringing copies and whether the activity was commercial; prosecutors are encouraged to prioritize repeat civil losers who continue infringing [4] [3].
4. Common misconceptions and competing summaries
Public summaries and secondary sources sometimes simplify penalties into single headline numbers (e.g., “$150,000 per work” or “up to five years’ imprisonment”) [5] [7]. Those figures are accurate as commonly cited ceilings for particular statutory paths but do not capture statutory nuance: statutory damages have discretionary floors and ceilings and criminal exposure depends on which subsection applies and whether recidivist or enhanced penalties are invoked [2] [4]. Available sources do not mention a single universal fine or sentence that applies to every infringement; outcomes vary with the statute used and case facts [1].
5. Practical consequences beyond money and prison: seizure and collateral effects
Beyond damages, courts can order seizure or forfeiture of infringing copies and equipment used in the offense, and civil judgments can trigger injunctive relief that curbs future activity; legal guides note that criminal prosecutions are often paired with other charges (wire fraud, money‑laundering) in complex cases [8] [6]. These non‑monetary sanctions and related charges amplify the practical risk for businesses or operators of large piracy operations [6] [8].
6. How to read the law: statutes, discretion and enforcement priorities
The statutory framework gives judges broad discretion in civil damages and prosecutors discretion in bringing criminal charges; Department of Justice guidance and defense commentary show prosecutors focus on commercial‑scale willfulness and recidivism, while civil plaintiffs routinely seek statutory damages and injunctive relief [4] [3] [6]. Readers should treat headline numbers (e.g., $150,000 per work; $250,000 fines; 5–10 years prison) as statutory or commonly cited maxima that may or may not apply in a specific case depending on which statute and subsection a court or prosecutor uses [5] [4] [7].
Limitations: this brief relies on statute summaries, Department of Justice archived guidance and secondary legal guides in your search set; it does not analyze case law or the most recent DOJ policy memos beyond the provided sources. For a specific case, counsel should review the exact statutory subsection and relevant judicial decisions [1] [4].