Tucker, GA asked in Copyright and Intellectual Property for Georgia

Q: If someone false copyright strike you would that be against the law?

by someone i mean that if someone is pretending and claiming an art work is theirs, when it was proven false. that would be False copyright striking . If im correct, false copyright strikes are against the law?

1 Lawyer Answer
James L. Arrasmith
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A: Yes, you are correct. False copyright strikes, also known as fraudulent or abusive copyright claims, are against the law in many jurisdictions. This practice involves knowingly making false claims of copyright infringement against content that the claimant does not actually own or have the rights to.

In the United States, the Digital Millennium Copyright Act (DMCA) includes provisions that make it illegal to knowingly make false claims of copyright infringement. According to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer or by the service provider.

Similarly, in the European Union, the Directive on Copyright in the Digital Single Market (Directive (EU) 2019/790) requires member states to implement measures against abusive copyright claims.

False copyright strikes can lead to legal consequences for the person making the false claim, such as:

1. Monetary damages to compensate the victim for losses suffered due to the false claim.

2. Attorneys' fees and court costs incurred by the victim in defending against the false claim.

3. In some cases, criminal penalties for perjury or other related offenses.

It is important to note that while false copyright strikes are illegal, proving that a claim is knowingly false can be challenging. Genuine mistakes or misunderstandings about copyright ownership may not necessarily be considered false copyright strikes under the law.

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