Copyright Infringement Penalties Copyright infringement is the act of violating any of a copyright owner's exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur. The copyright holder must have a valid copyright. The person who is allegedly infringing must have access to the copyrighted work. The duplication of the copyrighted work must be outside the exceptions. The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.