For Your Protection
(Used with permission of Richard Bandler
and John LaValle)
We have had many people contacting us regarding the bootlegging,
counterfeiting and piracy of some of our products. So we are putting up this
page to help clarify some questions you may have and supplying resource links
for your additional research.
Our main concern is for you, our consumer, who may unknowingly
purchase knocked off copies of our products. If you believe you have been duped,
please feel free to contact us. It may be possible for you to get your money
back, in addition to helping us to stop any fraudulent activity. We want to be
sure you are not getting ripped off.
Some people sell products on some of the auctions and represent
them as original. People are allowed by law to sell their only original copy.
They are not allowed to sell copies of their copy at all. If you have a question
about their originality, please contact us.
Some people purport that they have bought a lot shipment in
quantity and are selling those. We are the sole producer of the audio/video
products on the NLP Store site, fully authorized and licensed. If someone has
bought any quantity shipment, we would know. There are only a handful of people
also authorized to carry and sell our products. If you have a question, ask them
their name and address and date of purchase and we will be more than happy to
verify their claim, or not.
It is illegal to share files, MP3, or otherwise.
We have been monitoring sites over the past few months and are
prepared to take any and all legal action both domestically and internationally
for any and all copyright infringements, acts of piracy and counterfeiting in
all international jurisdictions.
We intend on enforcing all our rights through:
1) U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C.,
Section 2319 and Section 2319A}: The federal law protects sound recordings first
"fixed" as of February 15, 1972. The law protects copyright owners from the
unauthorized reproduction or distribution of sound recordings to the public.
Section 2319 applies only to those recordings that are "fixed" with
authorization on or after February I 5, 1972 (that is, when the performance is
put into a tangible form such as a tape, record or CD).
For your information, criminal sound recording copyright infringements are
punishable by up to five years in prison and $250,000 in fines. Repeat offenders
can be imprisoned up to 10 years. Individuals may also be held civilly liable to
the copyright owner for actual damages or lost profits or for statutory damages
up to $100,000 per infringed copyright.
2) Trafficking In Counterfeit Labels {Title 18 U.S. C., Section
2318}: This statute covers counterfeit labels intended to be affixed to a sound
recording. A "counterfeit label" includes any component of the entire package of
a prerecorded audio cassette, company disc or album cover. The definition also
extends to a situation where counterfeiters have simulated "genuine" labels that
have not previously existed.
A person can be convicted under this law for trafficking in a finished product
that contains a counterfeit label, as well as a component of that product, such
as the insert card for an audio cassette.
For your information, this statute imposes penalties of up to five years in
prison and/or $250,000 in fines.
3) Trademark Counterfeiting {Title 18 U.S.C. Section 2320}: This
statute deals with sound recordings that also contain the counterfeit trademark
of the legitimate manufacturer or artists. The statute covers the "trafficking"
as well as attempting to traffic goods containing the counterfeit marks.
For your information, the penalties imposed by this statute for legal entities,
such as corporations, range from $1 million to $5 million. Penalties for
individuals range from five years in prison and/or $250,000 in fines to 15 years
in prison and/or $1 million in fines.
4) Anti-Bootleg Statute {Section 2319A}: This federal
anti-bootleg statute was created in December 1994. Like the preexisting state
statutes, the new federal statute criminalizes the unauthorized manufacture,
distribution or trafficking in sound recordings and music videos of "live"
musical performances. However, the federal statute also provides for the seizure
of bootleg recordings or music videos manufactured outside the United States by
U.S. Customs at the point of importation. In effect, bootleg recordings are now
subject to seizure and forfeiture in the same manner as other property in
violation of customs laws.
Here are some additional resources to check out for your
protection:
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©2005 Applied Behavioral Technologies
jsriggio@appliednlp.com
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