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Learn About the Law

Let's start with the questions that come up most often. If you don't see the answer to your question, we have also provided some helpful web pages that you can visit for more. As always, if you have a specific question that is important to your situation, it is never a bad idea to contact your attorney.

What are the laws that affect media downloads and files sharing?
The Copyright Act of 1976 ("The Act") makes it illegal to copy or distribute copyrighted material without the consent of the copyright owner. This law allows copyright owners to recover monetary damages [equal to actual damages plus any profits made] from the person who downloaded/shared their property, or statutory damages of up to $150,000 per infringement.

The Digital Millennium Copyright Act (DMCA) of 1998 criminalizes production and dissemination of technology, devices, or services designed to access and/or distribute copyrighted works (such as music, books, movies, videos, games and others). In addition, the DMCA increases the penalties for copyright infringement on the Internet.

The purpose of copyright law, including the DMCA, is to give creative artists, writers and film makers exclusive rights (within limits) to distribute their products. So, downloading and/or distributing copyrighted material (music, games, books and videos) without permission of the rights holder is a violation of federal law.

What do I need to know about downloading music, videos, games, and other media?
Illegal downloads (i.e., without permission of the copyright holder) can be traced to and from your computer. Downloading so-called "free" media files places you at risk if the files are actually copyrighted. If your Internet service provider (ISP) is notified by policing organizations such as the RIAA, MPAA, individual artists, or their representatives that you are downloading, uploading and/or distributing copyright-protected materials from your computer, you will usually be notified and asked to make restitution. In cases of repeated notification, your ISP is obligated by law to deactivate your service.

In addition to violating copyright law, you should bear in mind that illegal downloads are potentially harmful to your system. Spyware and other malicious code are all-too-often an added “bonus” in movies, music and other digital media from unauthorized sources, and inattentive use of personal information and files-sharing can result in identity theft.

Is it ok to use peer-to-peer (P2P) services?
It is not against the law to use peer-to-peer file-sharing programs or to swap materials that are not copyright-protected. It is against the law to download and/or distribute copyright-protected material. If you are using a peer-to-peer file-sharing program, make sure that you are not "serving" copyright-protected materials to the world.

P2P services can be tricky. Every day anywhere from hundreds of thousands to millions of music, game, and video files downloaded through file-sharing programs fall into the category of copyright infringement. That is, the users downloading the files do not have the permission of the copyright owner.

In addition, if you use a peer-to-peer (P2P) file-sharing program or have set up an ftp server, make sure that you are not unknowingly distributing copyright-protected materials to the rest of the world. For example: if you copy music to your computer from a CD you purchased and are signed on to a peer-to-peer service with file-sharing enabled, you are making the copyrighted music you purchased available to others. You have become a distributor of copyrighted material and copyright owners can hold you liable.

Is it possible to use P2P and not put myself at risk?
Most file-sharing programs have worldwide file sharing turned on by efault when they are installed. If you have copyright-protected materials on your computer, you need to disable file sharing so that the programs are no longer serving these materials from your computer.

How are copyright laws enforced?
Copyright owners frequently hire agents to scan networks for copyrighted materials that are available to other users from computer systems on the network. The DMCA makes Internet Service Providers (ISPs) liable if they do not act to ensure removal of infringing materials when they receive notice of copyright infringement.

The DMCA provides procedures that may be used by ISPs in dealing with claims of copyright infringement, including deactivation of service for repeat infringers.

Is my privacy being violated when my network is scanned?
Agents hired by copyright holders do not scan your computer or invade your privacy. They collect the information identifying your computer through the file sharing network or public Internet site that your computer is connected to.

Where can I find more information about Copyright laws pertaining to the Internet?

Consumer Action Website of the Federal Citizen Information Center:
http://www.consumeraction.gov/caw_internet_copyright.shtml

What Every Parent Should Know About Illegal File Sharing, Music United:
http://www.musicunited.org/9_parents.html

Computer Crime & Intellectual Property, US DoJ:
http://www.cybercrime.gov

United States Copyright Office Main Page:
http://www.copyright.gov

Preventing online piracy at home:
http://www.microsoft.com/athome/security/children/kidspiracy.mspx

World Legal Resource Center, Internet Law Library:

http://www.lawmoose.com/internetlawlib/325.htm

World Intellectual Property Organization (for International violations):
http://www.copyright.gov/wipo/treaty1.html

Learn About Peer-to-Peer »

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