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"If an infringer pays a settlement for copyright infringement and agrees to stop, but continues to use the copyrighted material in other places, are they still legally responsible for the new infringements?"

Copyright infringement is the unauthorized use of copyrighted material, and it can result in legal consequences even if the infringer pays a settlement and promises to stop.

Each work infringed can cost the infringer $200 to $150,000 if fined or found guilty.

Infringers may need to pay actual damages and profits, as well as attorney's fees and court costs.

In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue.

The infringer is required to prove their deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

If the infringer shows that they infringed innocently, they may need to pay only about $200 per incident.

However, if the copyright owner shows that the infringement was intentional, the court may order the infringer to pay up to $150,000 per incident.

When a case involves many incidents of infringement, statutory damages can become immense.

The court may impound the illegal goods and implement an injunction to stop the infringing acts immediately.

Jail time is possible depending on the offense.

If found guilty, the infringer could face up to 5 years in prison.

If caught again, they could face up to 10 years in jail.

In 1998, sections 512 were enacted into law to address copyright infringement on the internet.

Actual damages are measured by the "lost market value" at the time of infringement.

In determining statutory damages, the judge will consider the seriousness of the infringement and the infringer's ability to pay.

Remedies for copyright infringement can include actual damages, statutory damages, and attorney's fees.

For most ordinary types of infringement, statutory damages will fall in a range between 750 and $30,000 per incident of infringement.

If the infringer shows that they infringed innocently, they may need to pay only about $200 per incident.

The court will determine the amount of statutory damages after considering the seriousness of the infringement and the infringer's ability to pay.

If a party chooses not to pursue damages, actual damages may be awarded in the amount of the copyright owner's losses plus any profits of the infringer attributable to the infringement.

Total damages awarded in any one case may not exceed $30,000.

At the Copyright Compliance Bureau (CCB), statutory damages may be awarded in an amount between $200 and $150,000 per incident of infringement.

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