All House Plans, including Brochure handouts, Construction Plans, Sketch Plans, including Elevations, Details and Floor Plans (Visual Art) created by Dennis K. Mercer is copyrighted and protected by Federal Copyright Laws. Federal Copyright Law gives rights to owners of a copyright for collection for actual and any additional profits of the infringer and/or statutory damages, injunctive relief, and other rights to protect unauthorized use of copyrighted materials created by the owner of the copyright. This also means no work may be DERIVED from drawings, plans, brochures or sketches or other creative work owned by Dennis K. Mercer. A Copyright gives the owner of the copyright the exclusive right to reproduce copies, prepare derivative works based upon the work, to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease or lending. If Title 17, Chapter 5, Sec. 504 of the US Code, the copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement of copyright, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. The copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, in the sum of not less than $750 or more than $30,000 as the court considers just. If the court finds that the infringement was committed WILLFULLY, the court may increase the award of statutory damages to a sum of not more than $150,000. Also, an court having jurisdiction of the civil action arising from a copyright infringement may grant temporary and final INJUNCTIONS in order to prevent or restrain infringement of a copyright. Any such injunction may be served anywhere in the United States on persons enjoined; it shall be operative throughout the United States and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction of that person. Remedies for infringement could result in impounding and disposition of the infringing articles. This may include an injunction to stop use of the infringed work and may include destruction of work created or used to create copies or derivative copies of the infringed work. In Title 17, Chapter 5, Sec. 506; Any person who infringes a copyright willfully either for purposes of commercial advantage or private financial gain or by reproduction of 1 or more copies during a 180-day period, which has a total retail value of more than $1,000; shall be punished as a criminal offense under Section 2319 of Title 18, United States Code. When any person is convicted of any violation of this section, the court in its judgement, in addition to the penalty therein prescribed, order the forfeiture and destruction or other destruction of all infringing copies and all implements, devices, or equipment used in the manufacture of the infringing copy. Also, any person, with fraudulent intent, places a false copyright on material not owned by them shall be fined up to $2,500. Any person who removes a copyright notice or alters a copyrighted notice shall be fined up to $2,500. Also, anyone person who makes a false statement of a material fact in the application for a copyright shall be fined up to $2,500. Any person who commits an offense under Title 17, Sec. 506 (a) (2) may also be imprisioned not more than 1 year, or fined in an amount prescribed in the Title, if the offense consists of reproduction of 1 or more copyrighted works, which have a retail value of more than $1,000. Also, the courts, as a general course of action, will allow the recovery of full costs and attorney’s fees associated with the infringement.
Thank You –
Dennis K. Mercer