§ 2.08 Section 506 of the Copyright Act

• Jurisdiction: United States
• Publication year: 2020

§ 2.08 Section 506 of the Copyright Act

[1] Protection of Copyright Notices

Section 506(c) of the Copyright Act makes it criminal for any person who with fraudulent intent places a notice of copyright, or words of the same intent that such person knows to be false on any article. The section also makes it criminal for any person who with fraudulent intent publicly distributes or imports for public distribution, any article bearing a notice of copyright, or words to that affect, that such person knows to be false. Section 506(d) criminalizes the fraudulent removal or alteration of the copyright notice "appearing on a copy of a copyrighted work."⁵⁵² Offenders of these provisions can be fined up to $2,500.

Thus, Section 506(c) prohibits three distinct acts: (1) placing a false notice of copyright on an article; (2) publicly distributing articles which bear a false copyright notice; and (3) importing for public distribution articles which bear a false copyright notice. Any one of these acts, if committed "with fraudulent intent," violates Title 17, Section 506(c) of the United States Code.

Given the nature of the penalty, it is hardly surprising that there are no reported cases that discuss the scope of the Section. In fact, there is no indication that anyone has ever been charged with a violation under this Section.

[2] False Representation in Copyright Applications

As part of the copyright process, individuals who wish to claim statutory remedies for infringement of a work must file an application for copyright registration with the Register of Copyrights. Filing is also a prerequisite for a civil action. The purpose of Title 17, Section 506(e) of the United States Code is to protect against false copyright applications. It provides:

"Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500."⁵⁵³

Thus, the government must prove that the defendant: (1) knowingly made; (2) a false representation; (3) of a material fact; (4) in a copyright application or any written statement filed in connection with an application.

In light of the insignificant penalty for a violation of this Section, the question arises whether there are other more general criminal false statement statutes that the government may utilize to prosecute a defendant who has made a false statement in...