Who protects the copyright in a work? For example, if I hold the
copyright in a short story, and someone else publishes it, will
the government step in to protect my copyright?
It
is up to the copyright owner, or the collective representing it,
to enforce its copyright by means of a civil action. The Copyright
Act gives the copyright owner a variety of remedies, such as
an injunction, damages, an accounting of profits, and delivery of
the copyrighted materials back to its rightful owner.
When
copyright is infringed, the infringer is liable to pay such damages
to the owner of the copyright as the owner has suffered due to the
infringement. The infringer may also be liable to pay back any profits
made from the infringement that were not taken into account in calculating
the damages.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
December
1998 |