It is imperative that the United States Copyright Law continually be amended to reflect the ever-evolving changes to the intellectual property realm that come with electronic and technological advances. This is why it is apparent why the No Electronic Theft (NET) Act was passed in 1997. Without any further introduction, please read on to discover more about the NET Act and its impact on copyrights and how a seasoned New Jersey copyright lawyer at The Ingber Law Firm can give you some useful tips to avoid ever violating it.
What impact does the NET Act have on copyrights?
Essentially, the NET Act of 1997 is a federal law that criminalizes the reproduction and distribution of copyrighted pieces of intellectual property electronically, such as software, music, and movies. Namely, this Act amended Title 17 of the United States Code, to close a loophole that was commonly found in many intellectual property infringement cases at the time.
This Act importantly applies regardless of whether or not there is a commercial gain and profit involved that motivates such reproduction and distribution of such works. Simply put, this Act holds that a third party must first receive the permission of the owner of the original work before proceeding.
What happens if someone is found to violate the NET Act?
Simply put, if someone is found to violate the NET Act, they may face criminal prosecution. Again, it does not matter whether they made a monetary profit off of this reproduction and distribution, as this Act sooner focuses on the intent and scale of copyright infringement.
Specifically, this Act states that it is considered a federal crime to intentionally infringe on a copyright by reproducing or distributing original works without the owner’s authorization if the total value of the material exceeds $1,000 within 180 days. With that being said, it is a misdemeanor infringement if the copyrighted material is valued between $1,000 to $2,500, and a felony infringement if it exceeds this threshold. Nonetheless, with either a misdemeanor or felony charge, an individual may face a fine of up to $100,000 or $250,000 and a prison sentence of up to one year or five years, respectively.
It is worth emphasizing that the NET Act may not just punish those who reproduce and distribute copyrighted materials. But penalties may also be imposed upon those who simply download this copyrighted materials onto their personal devices without the proper permission. Once again, all that matters in cases like these is that they knowingly and intentionally obtained this unauthorized material.
Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal assistance or representation just yet. At the very least, they may serve as a shoulder to lean on and a listening ear. So when in doubt, please schedule an initial consultation with a competent Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm today.
