One of the most important pieces of legislation aimed at addressing widespread internet copyright infringement is the No Electronic Theft (NET) Act of 1997. Read this article and reach out to a seasoned New Orleans, Louisiana copyright lawyer from Lemler IP to learn more about the NET Act, its origins, its impact on copyright enforcement, and its relevance in today’s world. Here are some of the questions you may have:
Before the enactment of the NET Act, copyright laws in the United States had notable gaps, especially regarding digital content. In the 1990s, as the internet grew in popularity, cases of copyright infringement soared. However, under the existing law at the time, prosecutors faced challenges in pursuing individuals who distributed copyrighted material for free. One infamous case involved a college student, David LaMacchia, who created a bulletin board system to distribute pirated software. Since he did not profit from the distribution, he avoided legal repercussions under the then-current copyright statutes.
The NET Act was introduced to close this loophole. Signed into law on December 16, 1997, the act amended Title 17 of the United States Code to criminalize unauthorized distribution of copyrighted works, even when the infringer did not seek financial gain, marking a pivotal moment in the fight against digital piracy.
The NET Act made significant changes to copyright law, focusing on the intent and scale of infringement rather than the monetary profit. Under this act, it is a federal crime to willfully infringe copyright by reproducing or distributing works without authorization if the total value of the material exceeds $1,000 within a 180-day period. Even individuals who do not seek financial benefit from the infringement can face severe penalties, including fines and imprisonment.
The act distinguishes between two levels of infringement. First, misdemeanor infringement applies to cases where the value of the copyrighted material is less than $2,500. Second, felony infringement applies when the value exceeds this threshold. Those accused of felony infringement will, of course, face harsher penalties if found guilty.
Importantly, the NET Act not only targets those who share copyrighted materials but also covers individuals who download or reproduce them without authorization.
If you have any further questions about the NET Act or any copyright-related issue, please don’t hesitate to contact Lemler IP today. Lemler IP has effectively represented countless inventors and creators in Louisiana for years, and the firm can do the same for you, too.
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