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What you need to know about sharing music, movies, and more
There can be grave consequences for those who engage in illegal sharing of copyrighted material. This FAQ is meant to help you understand what is legal and what isn't.
- What is Digital Rights Management and the Digital Millennium Copyright Act?
- Is it really illegal to share music and movies from my computer?
- Isn't it okay to share just within the Sacramento State community?
- Is it legal to just download material, as long as I don't serve it?
- Isn't sharing music protected as "fair use" under copyright law?
- Will Sacramento State protect my identity or defend me if I am sued?
- But sharing is good for the record companies -- their sales keep going up!
- Where can I learn more?
- Are there legal online sources for copyrighted music and movies?
What is Digital Rights Management and the Digital Millennium Copyright Act?
The Digital Millennium Copyright Act (DMCA) passed by Congress in 1998, makes it illegal to copy or share intellectual property--music, videos, games, software and other materials--without permissions. Sacramento State adheres to the regulations and guidelines outline by the DMCA.
Digital Rights Management (DRM) refers to the technologies used by publishers and copyright owners to control access to and usage of digital data. The DMCA makes it illegal to produce and distribute technology that circumvents these copy-protection methods.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq
Is it really illegal to share music and movies from my computer?
Yes, in most cases. More specifically, it is illegal unless you own the copyright on the work or have permission from the owner to distribute it. For the vast majority of material (e.g., anything that is for sale in stores or online) it is illegal to download or upload copies. There are a few exceptions:
- You can legally distribute material that you have the rights to, e.g. material that you create and publish yourself.
- If the owner (typically the creator) gives you permission to give away the material, e.g. CDs of your friend's band.
- Streaming via iTunes is legal for music purchased from the iTunes music store.
Unauthorized downloading or uploading of copyrighted material can result in legal action against you, including lawsuits by the copyright holder or their agent (such as the RIAA).
Is it okay to share just within the Sacramento State Community?
No. It's also not "safe" to break the law on campus; students at other colleges have been sued for illegal sharing that was limited to their campus. They settled out of court.
Is it legal to just download material from peer-to-peer services, as long as I don't serve it?
There are legal ways to download copyrighted materials, for instance from Emusic, Ruckus, the iTunes Music Store, and many more that you can find with a quick web search. Each of these services has some kind of revenue: simple sales, monthly fees, or advertising.
But peer-to-peer sharing of copyrighted material without the copyright holder's permission is illegal, whether you are serving it up or downloading it. A useful analogy is receiving stolen property. And in most cases, the software you use to download files automatically makes your machine into a server, so you may be serving files without even realizing it.
Isn't sharing music protected as "fair use" under copyright law?
The doctrine of fair use is an important one, especially in an academic setting. But the vast majority of online music sharing is done in ways that do not constitute fair use. More information is available at the websites below.
Will Sacramento State protect my identity or defend me if I am sued?
No. Sacramento State will comply with legal subpoenas.
But sharing is good for the record companies -- their sales keep going up!
That's a good point to raise if you are arguing to change the governing law. But it doesn't change the current legal setting.
What risks result from sharing music online?
Copyright holders can file lawsuits against you (a tactic that they are currently pursuing aggressively). The maximum penalty can be very large and most cases are settled out of court. They can also notify Sacramento State of infringements that are taking place on campus, and require us to intervene to stop them.
Where can I learn more?
For more information on the DMCA, please refer to http://en.wikipedia.org/wiki/DMCA.
The Consortium of College and University Media Centers and the Music Library Association both have sites that address copyright issues, including fair use, in college and library settings.
The United States Copyright Office at the Library of Congress has good general information about copyright law.
There are many ideas on how current law or business practices could be changed to reduce the incentive to steal music and still reward the creators. Here's just one, from the Electronic Frontier Foundation.
How can I disable the file sharing feature of Peer to Peer software?
See how to disable the file sharing feature in many of the most popular applications here.
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