Inducing Infringement of Copyrights Act
|Long title||Inducing Infringement of Copyrights Act|
|Acronyms (colloquial)||INDUCE Act|
|Intellectual property and Intellectual rights law|
|Sui generis rights|
The Inducing Infringement of Copyrights Act, often abbreviated to just INDUCE Act, was a 2004 proposal in the United States Senate meant to target "whoever intentionally induces any violation" of copyright. The name came from an earlier version named the "Inducement Devolves into Unlawful Child Exploitation Act."
Whoever intentionally induces any violation identified in subsection (a) of this section shall be liable as an infringer.
In subsection (g), "intentionally induces" means intentionally aids, abets, induces, counsels, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.
Nothing in this section shall enlarge or diminish the doctrines of vicarious or contributory liability for copyright infringement or require any court to unjustly withhold or impose any secondary liability for copyright infringement.
The bill was broad and could have lead to prosecution of peer to peer software makers, web sites or the overturning of home recording and fair use rights pioneered by the famous Betamax case. Many critics fear that certain tools used today (such as CD ripping and burning software), and even the Internet and personal computers themselves, could be considered to "intentionally induce" copyright violations, despite their utility for fair use purposes.
- Patrick Leahy, D-Vermont
- Bill Frist, R-Tennessee, then Senate Majority Leader
- Lindsey Graham, R-South Carolina
- Barbara Boxer, D-California
- BALANCE, Benefit Authors without Limiting Advancement or Net Consumer Expectations Act of 2003
- FAIR USE Act, Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007
- Digital Millennium Copyright Act
- Intellectual property legislation pending in the United States Congress
- NET Act, the "No Electronic Theft"
- Pirate Act
- Text of the INDUCE Act as of 2004
- Coverage by CNET's Declan McCullagh
- Yale's Law Meme on INDUCE
- Copyright Bill could Stifle Innovation
- Hatch Pushes INDUCE Act
- Corante's "Obsessively Annotated Introduction to the INDUCE Act"
- EFF's mock Induce complaint against Apple Computer et al.