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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.





CRIMINAL COPYRIGHT INFRINGEMENT LAWYERS

CRIMINAL COPYRIGHT INFRINGEMENT

We can help you battle criminal copyright infringement charges.

What law covers criminal copyright infringement?

The offense of criminal copyright infringement is an infraction of federal law.  This is the charge when a person intentionally uses or distributes another person or entity’s copyrighted material for monetary gain.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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What is a Copyright?

Copyrights protect a creator’s ideas and control the covered material up to 70 years after they pass away.  The post-mortem period is shorter if the creator or author is a corporation. This legal protection covers music, writing, works of art, and digital material including e-books, songs, digital art, poetry, films, graphic designs, software, website content, and architecture.

Copyright protection does not cover any facts, ideas, concepts, discoveries, or theories that have not been written down in physical form.

Criminal Charges for Intellectual Property Theft

Generally, copyright infringement cases are between two private parties (a civil matter).   Sometimes it gets raised to criminal charges when the government gets involved because the illegal use or sharing of copyright material is perpetrated on purpose. Recently, the FBI has made ‘intellectual property’ theft a priority in their criminal investigative program.

What are charges of criminal copyright infringement?

The government needs to produce evidence of 4 things in order to demonstrate criminal copyright infringement charges:

(1) the author held a valid copyright;

(2) the accused utilized, copied, or distributed the material without the author’s consent;

(3) the infringement was on purpose; and

(4) the infringement was done for personal monetary gain or business advantage.

You could be subject to felony charges if you reproduce or distribute10 copies of a copyrighted work with a retail value of greater than $2,500. Misdemeanor charges can be filed for even just 1 copy with retail value of $1,000. The threshold for the government to pursue criminal copyright infringement charges is rather low. That’s why you should hire experience copyright infringement defense attorneys.

Potential Consequences of Criminal Copyright Infringement

Severe penalties are associated with a conviction on criminal copyright infringement charges including:

Incarceration – You can be sentenced to as much as 10 years for a felony conviction or for a second offense; or as much as 5 years if the offense involves 10 copies or a retail value of more than $2,500; or up to a year when 1 or more copy is involved and the retail value is greater than $1,000. According to the federal sentencing guidelines, a sentence can be increased in cases where the infringement involves a device that bypasses security features, such as video game bootleggers.  This can also happen when a defendant is found to have played a leadership role in the offense, or if risk of death or serious injury or possession of a dangerous weapon is involved. On the other hand, the sentence can be reduced if participation is minimal.

Possible Fines – You could get fined $250,000 for the first offense that involves 10 copies or carries a value greater than $2500. Potential fines can be as much as $500,000 in cases where the offense involves bypassing security controls and up to $1,000,000 if it is a subsequent offense. You could also get fined for using a fake copyright notice, removing a copyright and false representations on a copyright application.

Financial Restitution – You could be mandated to pay back financial losses to the artist as a result of your copyright infringement.

Recent Trends in Copyrighting

The Copyright Office is making it simpler to get a copyright on batches of blog entries, social media posts, and short online articles with a one page application and low fees. These days, online posts can b covered under copyright protection.

During the COVID-19 pandemic, the Internet Archive made digital versions of books more accessible, causing publishers to file suit for copyright violations.

International Copyright Infringement

Theft of US technology by Chinese perpetrators is a big problem but there no international copyright laws exist to protect US artists. Each country has the right to decide how they will handle violations. Under a recently enacted trade agreement between the United States and China, both nations agreed to pursue infringement on e-commerce platforms. In the US, sites that neglect to take steps to prevent copyright violations could find that the government revokes their licenses to operate. If at some point relations with China go bad, either country could renege on the deal.

Online Copyright Infringement Issues

The FBI is working together with online marketplaces, payment providers and advertisers to round up evidence and prosecute criminal copyright violators.

In October 2020, the Supreme Court heard oral arguments in the case of Google v. Oracle if Google violated an Oracle copyright when building its Android operating system. Although Circuit Court denied Google’s use of Fair Use as a defense since they simply copied the code and did not “transform” it for their use, the Supreme Court may not uphold. According to IP Watch Dog, Google has argued to the Supreme Court that the 11,500 lines of code in question are an idea.  Ideas cannot be copyrighted.  The lines of code in question are currently in use in 3 out of every 4 smartphones in the world, so the outcome of the case has huge implications for the future.

Potential Defenses Against Criminal Copyright Violation Charges

Fair Use – Although you may infringe on a copyright, there are situations when this can legally be done without the owner’s permission. Use is permitted without the owner’s permission when that use is limited and “transforms” the original work for comment, criticism, or parody. This defense examines the purpose of your work and is more likely considered to be fair use if you transform the original work into something unique rather than simply make copies. Fair use also applies to smaller quantities of material and if the infringement does not harm the retail market for the original work.

The Independent Creation Exemption –Infringement on a copyright has not taken place if you produced your work without knowing about the copyrighted material.  To succeed with this defense, you need to prove there was no way you could have known about the copyrighted work before you made yours.

First Sale – This defense is narrow.  It applies only to a specific copy of the original production. As soon as the artist sells the original work, the copyright laws no longer protect that particular copy. The new owner has a right to dispose of, destroy, sell, rent, or give their copy since the artist relinquished the rights in the first sale. This defense only applies to the new owner.  It also applies to goods produced lawfully overseas for import into the US.

The first sale exemption does not apply to an individual in possession of the material. This defense does not apply to rentals of computer programs or sound recordings, or destruction of art that meets the Visual Artists Rights Act provisions (ex. signed by the artist, limited editions).

The Permission Defense – One cannot get charged for criminal copyright infringement if the author granted permission for the use or distribution of the material. Copyright violation also does not apply to small quantities of permissible copying (photo copies).

The Statute of Limitation – Charges for criminal copyright infringement must be filed within three years of the offense; otherwise the suit may not be valid.

Considering Jurisdiction – It is possible that a copyright infringement claim is invalid.  If the copyright is not properly registered by the artist, this could be used as a defense.

Public Domain – Documents that are considered to be in the “public domain” are not subject to copyright legislation. This includes documents on which the copyright has expired, the owner neglected to renew the copyright, or the owner puts the material into or ‘dedicates’ it to the public domain.

There are numerous ways our lawyers can defend you against copyright infringement charges.  The key is a strong defense presented by attorneys with experience in this section of the law.  Call our offices today for your free consultation.

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