READ THE LAW
STEVEN
WARD
Music and Video Over the Internet and the Law
Note that the use of BitTorrent, eDonkey, LimeWire, Kazaa, Morpheus, i2Hub, and other file sharing programs is at your own risk and should only be used to share non-copyrighted materials. Music, video, and other forms of media are copyrighted and cannot legally be shared or traded without permission of the copyright owner. Anyone doing so is in violation of Federal Copyright Law and will be liable for fines and punishment through suit by the copyright owner and the (R.I.A.A.) Recording Industry Association of America.
Fun and Easy, but a Violation of Federal Law
Why pay $20, $10, or even $5 for a CD or DVD, or even $1 for a song from a service such as iTunes, when you can get the music or movie free from the Internet? The legality of it should make you stop and think. Whoever is distributing the free music or movie typically does not have the distribution rights to that music or video; that right, the copyright, remains with the copyright owner. Purchasing music or a video gives the purchaser the right to use the music or movie for his or her personal use; distribution rights are not included. File sharing programs allow information to flow in both directions; not only can songs or movies be obtained, but once obtained these songs and movies can be distributed to others (i.e., shared) directly from your computer system placing you in violation of copyright law.
But everybody does it…
Yes, but more than a few have been caught, and sued! Many have received numerous notifications from representatives of copyright owners of music, movies, software, and games found being distributed through file sharing programs. Most of these notices have been warnings that the activity must cease, but representatives of the music industry have issued over 12,000 subpoenas to Internet Service Providers (many to universities!) for the names of individuals involved in these activities with the intent to file suit seeking financial damages from these individuals. To date, most of these cases have been resolved with settlements against these individuals in the range of $3,000 to $5,000 and some cases much much more.
May I share music via iTunes?
As long as you adhere to the iTunes license agreement, yes. Your iTunes library and playlists are then available to computers on the same subnet. If the media you are sharing has been purchased from the iTunes Music Store then you may share that media with up to five authorized computers. There are no restrictions on sharing non-copyrighted materials. You can also share spoken word content such as Podcasts, but not audio books from Audible.com. If you share iTunes media from another computer, you may listen to it, but can’t add it to your library or playlists, transfer it to an iPod, or burn it on a CD.
Busted!
The Digital Millennium Copyright Act provides liability protection to the University as an Internet Service Provider. It requires that, upon receipt of notification of claimed copyright infringement, any University will respond expeditiously to remove or disable access to the claimed infringing materials. Hence, any computer system implicated in this activity will be blocked from network access until such time as all infringing materials have been removed from that system. Copyright infringement is not only a violation of federal law, but also of all University policies. As per University policies, the University will comply with any governmental and law enforcement subpoenas, warrants, or orders it receives.
"Top 5 Myths About Downloading Music and Movies from the Internet"
1) There can't be anything wrong with it because so many people do it.
The majority of entertainment files made available on the internet via "peer-to-peer" or file-sharing web sites are copyright protected, which makes "swapping" or downloading these songs and movies theft and a serious violation of U.S. copyright law- pure and simple. And the music and film industries have begun to protect their copyrights with increasing aggressiveness. Bottom line, unless the music or movie files you want to download explicitly indicate that they are not copyrighted, you can't download them without putting yourself at risk.
2) I won't get caught?
During the past year, the music and film industries have been bombarding colleges and universities with notices of illegal downloads of music and movie files by students. These industries are able to monitor downloads from the majority of major file-sharing web sites, like KaZaa, and they can trace them to individual student accounts on campus. At just one College last semester, more than 40 students received notices of copyright violations from attorneys representing the Recording Industry Association of America and major motion picture studios like Time-Warner and Universal Studios. A few were arrested and did go to jail.
3) Even if I do get caught, nothing will happen to me - the College will be held liable.
The law says that it is individual internet users - not their internet service providers (ISPs) that are liable for illegal file downloading. If Messiah students use the campus computer network to download illegal files, the College is serving as an ISP, which does not shield students from legal prosecution. Increasingly frustrated by the rise of illegal downloading, the music and film industries have been making examples of individual file-swappers. This spring, the music industry filed suit against four college students across the country, seeking billions of dollars in damages. Not long ago, the music industry filed more than 260 lawsuits against individuals whom they caught downloading copyrighted music files. And the fines can be steep - up to $150,000 for each pirated song or movie (the minimum fine is $750 per file). Additionally, all College's view this behavior as a violation of the College's computing policy and students are required to go through the appropriate College disciplinary process and be expelled. Plus, you could get arrested and go to jail.
4) If it were illegal, peer-to-peer and file-sharing web sites like KaZaa, Grokster, and Morpheus wouldn't be available on the internet.
Most of these file-sharing web sites are able to exist because they shift the liability for illegal downloading from their network to individual users. Legally, they are just the pipeline by which any computer files, including legal files, can be traded, so they are not liable under the law for their individual users' behavior. Other peer-to-peer web site networks avoid legal prosecution by basing their corporate headquarters outside of the U.S., leaving their web site subscribers vulnerable. Once you subscribe to a file-sharing software site, like KaZaa, not only do you have access to download files from other KaZaa users, but they have access to files on your hard drive. This can result in your sharing hundreds to thousands of files with other users, often without your knowledge if you are not careful when configuring your computer. By subscribing to any of these peer-to-peer or file-sharing web sites, you put yourself at risk of legal prosecution whether you are actively downloading files or not. You could get arrested and go to jail.
5) What's the big deal? It doesn't hurt anybody.
Online piracy has cut into national music sales by nearly a third since 1999, sending record and film revenues into a downward spiral, which hits everyone in the industry hard, from the record store clerks, songwriters, and technicians, to the artists themselves. Online piracy also hurts the development of new music, films, artists and talent. And once caught downloading illegal files, the legal and disciplinary process ultimately ends up hurting the individual downloader him or herself.
Q: I just retrieved some music from the Internet. I know it's illegal to copy CDs but is downloading Internet music also illegal?
A: Yes, the unauthorized duplication and distribution of sound recordings is a form copyright infringement. Online piracy is increasing as many people use the Internet to illegally distribute digital audio files (e.g., MP3 format). The Recording Industry Association of America (RIAA) monitors the Internet daily and scans for sites that contain music, forwarding violation reports to many institutions including the FBI. If you reproduce or offer sound recordings for download without the authorization of the copyright owner, you are in violation of federal copyright law and could face civil as well as criminal penalties. Placing statements on your web site, such as "for demo purposes only" or that the sound files must be "deleted within 24 hours" does not prevent or extinguish this liability.
You could get arrested and go to jail.
By listening to my sound
bytes or buying my CD you agree to the following:
NOT copy or “traffic in” means transport,
transfer, or otherwise dispose of, to another, as consideration for anything
of value, or make or obtain control of with intent to transport, transfer,
or dispose of my sound bytes or CD.
§ 1101. Unauthorized
fixation and trafficking in sound recordings.
(a) Unauthorized Acts. - Anyone who, without the consent of the performer
or performers involved —
(1) fixes the sounds or sounds and images of a live musical performance
in a copy or phonorecord, or reproduces copies or phonorecords of such a
performance from an unauthorized fixation,
(2) transmits or otherwise communicates to the public the sounds or sounds
and images of a live musical performance, or
(3) distributes or offers to distribute, sells or offers to sell, rents
or offers to rent, or traffics in any copy or phonorecord fixed as described
in paragraph (1), regardless of whether the fixations occurred in the United
States,
shall be subject to the remedies provided in sections 502 (see below) through
505, (see below) to the same extent as an infringer of copyright.
(b) Definition. — As used in this section, the term “traffic
in” means transport, transfer, or otherwise dispose of, to another,
as consideration for anything of value, or make or obtain control of with
intent to transport, transfer, or dispose of.
(c) Applicability. — This section shall apply to any act or acts that
occur on or after the date of the enactment of the Uruguay Round Agreements
Act.
(d) State Law Not Preempted. — Nothing in this section may be construed
to annul or limit any rights or remedies under the common law or statutes
of any State.
§ 502. Remedies for infringement: Injunctions.
(a) Any court having jurisdiction of a civil action arising under this title
may, subject to the provisions of section 1498 of title 28, grant temporary
and final injunctions on such terms as it may deem reasonable to prevent
or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United States on the
person enjoined; it shall be operative throughout the United States and
shall be enforceable, by proceedings in contempt or otherwise, by any United
States court having jurisdiction of that person. The clerk of the court
granting the injunction shall, when requested by any other court in which
enforcement of the injunction is sought, transmit promptly to the other
court a certified copy of all the papers in the case on file in such clerk's
office.
§ 505. Remedies for infringement: Costs and attorney's fees.
In any civil action under this title, the court in its discretion may allow
the recovery of full costs by or against any party other than the United
States or an officer thereof. Except as otherwise provided by this title,
the court may also award a reasonable attorney's fee to the prevailing party
as part of the costs.
