| 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. |
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INTERNET PRIVACY - YOU REALLY CAN GO TO JAIL!
Photographers as well a other content providers have expressed their fears that the openness of the Internet is an invitation to steal their work, and that the legal protection provided by the Copyright Act of 1976 is just not sufficient. In facing these problems Congress passed into law the No Electric Theft Act of 1997, which provides for criminal penalties for copyright infringement over the Internet. The first felony conviction for theft of copyrighted material has recently been reported when an Oregon college student pleaded guilty to violation of the Act. The Justice Department reported that the student admitted he "illegally posted computer software programs, musical recordings, entertainment software programs and digitally recorded movies on his Internet Web site, allowing the general public to download and copy these copyrighted products". The Act provides for a fine of up to $250,000 and a jail term of up to three years for anyone who distributes 10 or more copyrighted works with a value of more than $2,500. In this instance there was apparently no evidence that the student, a senior at the University of Oregon, had intended to, or made, any profit. Sentencing is scheduled for November 2, 1999. I suspect that we will see more criminal prosecutions for infringement of copyrighted matter as time goes on. Hopefully, they will act as deterrents to those who would be pirates! |
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