Artist Maria Stolz Santas have been a Christmas tradition and continue to delight families all over 25 years….. All rights are reserved. MADE IN THE USA!!
Copyright law gives the creator of an original work the exclusive right to publish, display, perform, copy and otherwise profit from the work for a specific length of time. Other people are restricted from using the work without the permission of the copyright holder except under very limited circumstances. If you violate the rights of a copyright holder, you might be sued for copyright infringemen
Legal Basis
In the United States, copyright enforcement falls under the exclusive jurisdiction of the federal courts. Copyrights in an original work arise automatically under the law once the creator commits the work to a fixed format. However, the copyright holder cannot sue for copyright infringement unless he has registered his copyright with the U.S. Copyright Office. Registration brings the copyright under the legal jurisdiction of the U.S. Copyright Act, which has pre-empted the right of state courts to hear copyright infringement cases. Statutory Damages
One of the main punishments for copyright infringement is the award of damages. If you are accused of infringing the copyrights of a copyright holder who registered her copyright within three months of publication, the copyright holder can seek statutory damages. Statutory damages remove the burden from the copyright holder to prove that the alleged infringement caused actual damages. Instead, the Copyright Act establishes a predetermined amount of damages that ranges from $750 to $30,000 for each work infringed. Also under statutory damages, a judge can award extra damages up to $150,000 for willful infringement, or reduce damages to $200 for unknowing infringement. Actual Damages
If statutory damages do not apply to a case of infringement, the defendant can be liable for actual damages and any profits that he made from the infringing activity. In proving profits, the copyright holder is required only to provide evidence of the infringer's gross profits. It is the defendant's responsibility to show deductible expenses or any other mitigating factors that lower the profits from the infringing activity. Attorney's Fees and Costs
The court also can order the infringer to pay the copyright holder's court costs and attorney's fees. The copyright holder is entitled to this relief only if she registered the copyright within three months of publication. Criminal Punishments
Copyright infringement is ordinarily a civil action. However, the U.S. government can pursue criminal penalties against an alleged infringer if the infringement seems willful and involves commercial profit. If the infringer makes a retail profit of more than $2,500 by selling 10 copies or more within a 180-day period, the infringement becomes a felony with a maximum $250,000 fine and five years in prison for a first offense, and 10 years in prison for a second offense. But realistically, sentencing guidelines require commercial profits in the millions before the maximum penalties will be imposed.
