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Question about criminal copyright infringement If a copyright

 
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  • Answered by:Ely
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Customer Question

Question about criminal copyright infringement

If a copyright holder believes a person is infringing on their copyright, let's say downloading their music illegally, can the copyright holder bring on criminal charges to the infringing person?

My understanding is that criminal charges can only be brought on by the government, such as a district attorney. The copyright holder is only able to file a civil suit for the damages he believes he has suffered. Is this correct? Is it possible for a copyright holder to press criminal charges?

Submitted: 283 days and 11 hours ago.
Category: Criminal Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  Ely replied 283 days and 10 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

I am sorry for your situation if someone is infringing on your copyright. Unfortunately, copyright is a completely civil matter. No criminal charges can be brought against the infringing party. You are correct in that only the US Attorney (federal prosecutor) or the District Attorney (state prosecutor) may file criminal charges against an individual, and a private party cannot do so.

Furthermore, there simply are not criminal statutes against infringement; the relief lies in civil court.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Expert TypeCounselor at Law
Category: Criminal Law
Pos. Feedback: 98.4 %
Accepts: 1698
Answered: 7/5/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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