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Felony copyright infringement has a slightly higher threshold and possibly serious penalties. 18 U.S.C. § 2319(b). (1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at ...
A criminal conviction for copyright infringement is also more punitive compared to a civil penalty and this increases the value of the punishment as a deterrent to prevent such violations in the future. [1] For these reasons, criminal penalties for copyright infringement are considered to be effective sanctions against violations. [2]
Signed into law by President Bill Clinton on December 16, 1997 The United States No Electronic Theft Act (NET Act) , a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit from the infringement.
Also, many infringers do not consider the current copyright infringement penalties a real threat and continue infringing, even after a copyright owner puts them on notice that their actions constitute infringement and that they should stop the activity or face legal action. [2] This rationale was cited in the Sony BMG v.
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
An example of a counterfeit product is if a vendor were to place a well-known logo on a piece of clothing that said company did not produce. An example of a pirated product is if an individual were to distribute unauthorized copies of a DVD for a profit of their own. [3] In such circumstances, the law has the right to punish.
LaMacchia 871 F.Supp. 535 (1994) was a case decided by the United States District Court for the District of Massachusetts which ruled that, under the copyright and cybercrime laws effective at the time, committing copyright infringement for non-commercial motives could not be prosecuted under criminal copyright law.
In addition, please provide an example or mockup of the intended use, either by sending a file attached to your email (in a format readable with a PC), or by fax to (703) 265-1799. We will need all of the above in order to evaluate your request.