Did You Receive a Settlement Letter From Nagrastar?

Have you received a settlement demand letter from Nagrastar, also known as Dish Network, accusing you of copyright infringement? If you have, you’re probably worried about the potential consequences, or perhaps you’re questioning the letter’s legitimacy. 

Nagastar and Dish are more frequently pursuing people who they believe are selling or using their copyrighted content. Don’t ignore a settlement demand letter, as it could be associated with a lawsuit. Instead, contact Rosenblum Law; our copyright infringement lawyers have years of experience handling copyright infringement cases, and we will work to ensure you receive the best possible defense against the claims made by Nagrastar.

In this article, we break down what a letter from Nagrastar means, outline the next steps you should take, and discuss the potential consequences.

What is a Settlement Demand Letter?

A settlement demand letter accuses the recipient of copyright infringement and threatens a lawsuit if they don’t pay a specified amount of money. Such a letter may also include a cease-and-desist demand, asking the recipient to stop the activity Nagastar believes is unlawfully infringing on its copyrighted materials.

Copyright Laws

Copyright infringement means the active, unauthorized downloading, duplication, and/or distribution of copyrighted material. It is a serious crime punishable by civil and criminal penalties. Piracy is a form of copyright infringement that refers to reproducing or circulating copyrighted material, as opposed to just using or accessing it. 

There are three copyright laws that Nagastar most frequently claims someone is in violation of: 

• Title 17 of the U.S. Code (17 U.S.C. § 501), which states that copyright holders have the exclusive right to their material 
• The Federal Communications Act (47 U.S.C. § 605), which prohibits unauthorized reception and use of satellite signals
• The Digital Millennium Copyright Act (17 U.S.C. §§ 1201-1205), which protects digital copyrighted material and criminalizes the production and circulation of copyrighted works 
• The Electronic Communications Privacy Act (18 U.S.C. §§ 2510-2522), which  protects against the unauthorized interception of communications and access to stored electronic communications.

Statute of Limitations  

A statute of limitations normally limits the amount of time between an alleged offense and when a legal claim can be filed or prosecution can take place related to that offense. In New Jersey, the statute of limitations for a copyright infringement case is three years. The statute of limitations begins when the plaintiff discovers the alleged copyright infringement, rather than when the defendant allegedly committed it.

Next Steps 

To ensure the best possible outcome, an individual served with a notice of copyright infringement from Nagastar should take the following steps: 

1. Read through the notice and understand its terms. When served with a copyright infringement notice, thoroughly read the notice to make sure it is legitimate, understand what they are being accused of, and evaluate if these claims are true. In addition, stop all allegedly illegal activity. 
2. Consult an attorney and respond to the notice. It is highly recommended to consult an attorney before responding to a copyright infringement notice. The attorney will determine whether the notice is legitimate, evaluate the case, and decide on the appropriate response. 
3. Gather evidence and documentation. After hiring an attorney, begin collecting evidence, such as receipts of lawful purchases, records of digital activities, etc.

Potential Outcomes and Consequences 

With the help of an attorney, there is the possibility of getting the case dismissed. If this is not possible, the next best option is to reach a settlement out of court. 

If the parties cannot reach a settlement, the case goes to court, and the defendant loses, the potential consequences depend on whether the copyright infringement is found to be innocent or willful. Willful infringement is an intentional infringement of copyrighted material. Innocent infringement is accidental, such as when the infringer was unaware that the material was copyrighted and did not have a reason to believe their activity was illegal. The potential consequences are as follows: 

• Willful infringement: The defendant could face a lawsuit with statutory damages of up to $150,000 per work, plus the potential for criminal penalties such as fines and jail time.
• Innocent infringement: Innocent infringers will generally not face jail time, but can still be subject to significant statutory damages penalties. 

The Importance of Hiring an Attorney 

When an individual is accused of copyright infringement, there are several ways in which an attorney can help to improve their client’s chance of success. An attorney will:

• Evaluate the severity of the case, determining whether there was a clear violation of the law and, if so, what that violation was
• Explain all of the client’s legal options and the possible consequences
• Determine the best course of action and attempt to reach a settlement to avoid costly litigation
• Craft a suitable defense and represent their client in court if a settlement cannot be reached

FAQs

Contact a Rosenblum Copyright Infringement Lawyer Today 

If you have been accused of copyright infringement by Nagastar, you need an experienced, capable attorney. An attorney from Rosenblum Law will examine every detail of your case, creating a legal strategy that protects your interests and seeks the best possible outcome. Contact us today for your free consultation.