http://www.flickr.com/photos/97147734@N00/74337586/
We discussed copyright last week in Information Literacy and the topic for Teen Tech Week was Music, so I decided I better get some information together for my students about downloading music from the wrong sources and in the wrong ways! Here is what I put together:
Here are some information you may or may not know about downloading music.
According to the RIAA, “Music theft can take various forms: individuals who illegally upload or download music online, online companies who build businesses based on theft and encourage users to break the law, or criminals manufacturing mass numbers of counterfeit CDs for sale on street corners, in flea markets or at retail stores. Across the board, this theft has hurt the music community, with thousands of layoffs, songwriters out of work and new artists having a harder time getting signed and breaking into the business. “
Federal laws protect copyright owners from unauthorized reproduction, adaptation, performance, display, or distribution of creative orginal works. Specific legislation has been passed to more directly address digital concerns. The No Electronic Theft (NET) Act makes it a crime for sound recording copyright infringements occurring on the Internet regardless of whether there is financial gain from such infringements. “Songlifting” or making and/or distributing illegal copies of copyrighted sound recordings is an infringement of these copyright laws.
Bottom Line: If you distribute copyrighted music (”sharing” music files on the internet or burning copies and selling or giving to others) without authorization from the copyright owner, your breaking the law.
Best Advice: While there may be arguments that owning the CD and downloading a song you already own may not be illegal, or sampling a song before buying a CD may be perfectly legal, these legal issues are still in a gray area and may be risky. Our best advice is to buy music you download and don’t share it with others.
Possible Questions:
How do I know if something is copyrighted?
When you buy music legally, there is usually a copyright mark somewhere on the product. Stolen music will probably not have a copyright mark or warning. However, the copyright law still applies. A work does not have to be marked to be protected by law.
Is it illegal to upload music to the internet even if I do not charge for it?
Yes! It does not matter if you charge money or not if you do not have the copyright holder’s permission.
Is downloading and uploading music really stealing?
If it is done without the permission of the copyright holder, it is no different than stealing a music CD from a record store.
If all I do is download music files, am I still breaking the law?
Yes, if the person or network you are downoading from does not have the copyright holder’s permission, you are.
What can happen if I get caught illegally copying or distributing copyrighted music?
According to the RIAA (Recording Industry Association of America), the penalties for breaching the copyright act differ slightly depending upon whether the infringing is for commercial or private financial gain. If you think being caught infringing on these copyright laws will result in a small fine or “slap on the wrist”, think again! In the U.S., the online infringement of copyrighted music can be punished by up to three years in prison and $250,000 in fines. Repeat offenders can be imprisoned up to six years. Individuals also may be held civilly liable, regardless of whether the activity is for profit, for actual damages or lost profits, or for statutory damages up to $150,000 per infringed copyright. If you are a minor, your parents may responsible for what happens on the family computer even if they themselves are not involved. Damages and punishments depend upon knowledge, participation, and even the laws of the state in which you reside.
Are there sites where it’s legal to download music?
There are plenty! Look at this link.
Is there a list of questionable sites?
Try this one!
Credits:
Campus Downloading. 5 March 2008 http://www.campusdownloading.com/faq.htm.
Piracy: Online and on the Street. RIAA. 5 March 2008 <http://www.riaa.com/physicalpiracy.php>.