"Digital Theft Deterrence and Copyright Improvement Act of 1999."

YOU AND THE LAW


Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600.


CONGRESS INCREASES PENALTIES FOR COPYRIGHT INFRINGEMENT!

 

On November 19, 1999, Congress passed the "Digital Theft Deterrence and Copyright Improvement Act of 1999". The President is expected to sign it into law. The Bill amends section 504 {c} of the Copyright Act to increase the minimum statutory damages a court can award from $500 to $750, to increase the maximum from $20,000 to $30,000, and to increase the maximum amount in the event of willful infringement from $100,000 to $150,000, for each infringing act. The Bill also deals with adjustments to the sentencing guidelines for criminal copyright infringement to reflect the dollar retail value of the infringed goods or works. Of course, as I have reported previously, and consistently remind my readers, none of this will do you any good if you have not registered your photographs with the Copyright Office in Washington, DC within three months of first publication or prior to the infringing act. This is a prerequisite to being eligible for an award of statutory damages and attorneys fees. Please bear in mind that the Act only authorizes the Courts to make awards of an additional 50% in each category; it does not require the Courts to do so. You must still establish that you are entitled to these additional benefits. But when you do, well -- you will feel truly empowered!


For More You And the Law


Back to PhotoSource
International Home Page
Who are we? Help
Contact Us Q&A