Copying FAQs
How do I know what’s legal and what’s not when it comes to
copying music?
Here’s the bottom line: If you distribute copyrighted music without
authorization from the copyright owner, you are breaking the law. (Distribution
can mean anything from "sharing" music files on the Internet to
burning multiple copies of copyrighted music onto blank CD-Rs.) For more
information about what’s okay and what’s not,
click here.
Is it illegal to upload music onto the Internet even if I don’t
charge for it?
Yes, if the music is protected by copyright and you don’t have the
copyright holder’s permission. U.S. copyright law prohibits the
unauthorized distribution of copyrighted creative work whether or not you
charge money for it.
What will happen to me if I get caught illegally copying or distributing
copyrighted music?
Under federal law, first-time offenders who commit copyright
violations that involve digital recordings can face criminal penalties of as
much as five years in prison and/or $250,000 in fines. You could also be sued
by the copyright holder in civil court, which could cost you hundreds of
thousands of dollars more in damages and legal fees. For more information about
legal penalties, click here.
Is downloading and uploading music really stealing?
If it’s done without the permission of the copyright holder, it’s
legally no different than walking into a music store, stuffing a CD into your
pocket, and walking out without paying for it.
Are there any sites where it’s legal to download music?
There are plenty of Internet sites that offer music for legal
downloading. To check them out, click here.
If all I do is download music files, am I still breaking the law?
Yes, if the person or network you’re downloading from
doesn’t have the copyright holder’s permission.
Can I use E-mail or instant messenger services to exchange songs with my
friends?
The use of e-mail or instant messenger services to exchange songs is
governed by the same copyright laws that apply to any other form of
reproduction or distribution.
Am I breaking the law if I upload or download copyrighted music and leave
it on my hard drive for less than 24 hours?
Reproducing or distributing copyrighted music without the permission
of the copyright holder is against the law regardless of how long you hold on
to the music.
Is it legal to post music that is no longer "in print"?
Copyrights don’t last forever. Eventually all creative work becomes part
of what is called the public domain—at which point anyone and everyone is
free to copy and distribute it as they please. But just because a particular
recording has gone out of print doesn’t mean its copyright has lapsed. If
it hasn’t, then you need to get permission from the copyright holder
before you post it.
What if I upload or download music to or from a server that is based outside
of the U.S.?
If you are in the United States, U.S. law applies to you regardless of
where the server may be located.
What if I download or upload poor-quality recordings?
The law prohibits unauthorized copying and/or distribution of digital
recordings that are recognizable copies of copyrighted work. The quality of the
recordings doesn’t matter.
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 generally doesn’t bear a copyright
mark or warning. Either way, the copyright law still applies. A copyrighted
creative work does not have to be marked as such to be protected by law.
Doesn’t the First Amendment give me the right to download and upload
anything I want, including copyrighted music?
The answer is, no, it does not. What copyright law prohibits is theft,
not free expression.
Doesn’t the "Fair Use doctrine" give me the right to
download and upload copies of music I’ve purchased?
No, it doesn’t. In certain instances, the use of a copyrighted work for
purposes of criticism, comment, news reporting, teaching, scholarship or
research might not constitute infringement, depending on (1) the purpose and
character of the use, (2) the nature of the copyrighted work, (3) the amount
and substantiality of the portion used in relation to the copyrighted work has
a whole, and (4) the effect of the use on the potential market for or value of
the copyrighted work. However, courts have rejected the notion that uploading
and downloading copyrighted sound recordings without permission constitutes the
"fair use."
Besides the record companies, who does copying music actually hurt?
First and foremost, illegal copying hurts the songwriters and
recording artists who make the music. These people depend on the royalties they
get from the authorized sales of their recordings to make a living. Many
recording artists receive most of their income from royalties. For many young
artists, income from royalties means survival. In the end, illegal downloading
guarantees that artists won’t be fully rewarded for their hard work and
devotion to the craft.
Are you against "peer-to-peer" services?
We are not against P2P services. We are against people who steal and
illegally distribute copyrighted music that doesn’t belong to them. The
music industry has been a major beneficiary of new technology (from wax
cylinders to vinyl to LPs to CDs), and the current technological developments
are no exception. But let's face it, even great technology can be abused. And
that's what the industry is confronting right now. We have to figure out how to
take advantage of the great new delivery systems that the Internet offers,
without being seriously damaged by uncontrolled piracy. P2P in particular can
really be a fabulous technology - but right now it's doing far more harm than
good. (So surveys show.)
What is your position on MP3s?
We think MP3 technology is a great thing—as long as it’s used
legally and properly.
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