Article ID: 1159
Last Review: Oct 22, 2007
Type: Article
Downloading and sharing copyrighted music, movies, and software
When you download or share copyrighted material without the owner's consent, you are breaking the law.
Music, Movies, and Software
Every day, millions of people view or download software and multimedia from the Web. Sites like YouTube and iFilm focus almost exclusively on providing the public with videos to watch. Shoutcast, Live365, Yahoo! Music, and many others offer streaming music to the masses. Software is widely available from many sources, including Download.com, FilePlanet, and the Help Desk website.Music, movies, and software are all available from another source too: peer-to-peer file sharing. Sometimes referred to as P2P, file sharing applications like the original Napster are a virtual treasure trove of music, movies, and software.
Literally millions of songs are available for download using P2P software—and they are easy to get. Just install a popular file sharing program like BearShare or LimeWire, enter a quick search for your favorite song, artist, or movie, and you're in business. Depending on the popularity of the title, you may find scores of P2P users who are sharing the song or movie for you to download. Unfortunately, downloading copyrighted material (like music) without permission is illegal.
Everyone Does It—What's the Big Deal?
Lots and lots of people download music and movies using file sharing software. If you don't do it, you probably know someone who does. With so many people engaging in file sharing every day, you might think, "What's the big deal? It's easy, free, and fun." The problem is that if you download copyrighted material without permission, you are breaking the law.According to the U.S. Copyright Office, "copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner." When you download or share a copyrighted song, movie, or software without the permission of the copyright holder, you are violating the copyright. You could face penalties like fines and you could be sued by the copyright holder.
If you use peer-to-peer software to download music, movies, or software, you may also be sharing those files to others—whether you realize it or not, P2P software may continue running in the background and may be sharing files or folders on your computer. Each time someone downloads those files from you, you are violating the copyright. Copyright infringement is against the law regardless of whether you are giving or receiving copyrighted files without permission.
P2P software can also be a gateway for viruses, spyware, and other maliciousness. When you install a peer-to-peer application, it may silently install spyware onto your computer. When you download files from a file sharing network (i.e. from LimeWire, BearShare, etc.) you don't always get what you were expecting. The files could be viruses or spyware disguised as songs or movies. When you try to listen to the song or watch the movie, you infect your computer instead.
RIAA and MPAA Mean Business
The Recording Industry Association of America (RIAA) and Motion Picture Association of America (MPAA) on behalf of music labels, movie studios, and artists are serious about copyrights. The RIAA has been especially aggressive in going after people who violate their copyrights. According to the Electronic Frontier Foundation, "as of July 2006, the Recording Industry Association of America (RIAA) has sued over 20,000 music fans for file sharing in just under three years." And universities are prime targets for these suits.Even though files downloaded using P2P might seem free, the penalties can be severe. According to Wired.com, "Under federal copyright law, penalties for copyright violations range from $750 to $150,000 per work infringed." Each song or movie you download or share is considered a different work, and if you share files with others, each separate download may be considered a separate case of infringement.
In recent years, Illinois State University has received many complaints concerning ISU students who are illegally sharing songs and other media. As a state institution and a provider of Internet service, it is the University's legal responsibility to investigate these matters and provide information about the identity of suspected copyright violators. People who illegally download or share copyrighted material are not anonymous; everything is traceable.
Copyright Violation is Illegal
If you download or share copyrighted material without the copyright holder's consent, you are breaking the law. Peer-to-peer programs make lawbreaking extremely easy—so easy, in fact, it might not seem illegal at all. Of course, if you get sued or arrested, the courts will not care that it didn't seem like you were doing anything wrong. The only course of action you should take is to avoid violating copyrights.There are many sites that offer free access to copyrighted material with the owner's permission—even using P2P software. Many musicians, artists, and software developers are changing the way they do business and are providing their works on the Internet for free. In some cases, the material is made available with the strict limitation that it can only be passed on if the work remains free.
Peer-to-peer applications themselves are not illegal and you can freely use them to download non-copyrighted material (or copyrighted material with the owner's consent). But before you download the next popular song or movie, stop and ask yourself if it's worth the risk. Sooner or later, your actions may catch up with you.
For more information, please read 1161: Legal alternatives to illegal file sharing.
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