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Protect Yourself. Do It Legally.

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 and selling or giving them to others.)

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.

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, go to the legal sites section of this web site.

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 such as 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 "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 means that artists won’t be fully rewarded for their hard work and devotion to their 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.)

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As with most new technologies, the Internet doesn’t just draw outside the lines of the conventional music industry – it offers the opportunity for truly revolutionary changes. But even in this new digital world, artists and record companies still have – and deserve – the right to protect their music.

Many of the same copyright laws also apply in cyberspace. Several new measures were enacted in the last few years to address issues that could not previously have been identified. This section reviews the legal issues surrounding the downloading and webcasting of music.

Many things have to be considered when legally downloading music online, but a central issue is copyright. Copyright is the protection of the original expression of an idea, whether it is expressed in the form of music, a painting, or written material. Most existing copyright laws are valid in the online realm just as they are offline.

Specific legislation has been passed to more directly address digital concerns. The No Electronic Theft (NET) Act criminalizes sound recording copyright infringements occurring on the Internet regardless of whether there is financial gain from such infringements. A copyright is infringed when a song is made available to the public by uploading it to an Internet site for other people to download, sending it through an e-mail or chat service, or otherwise reproducing or distributing copies without authorization from the copyright owner. In civil cases copyright infringement can occur whether or not money was exchanged for the music, and in criminal cases there only needs to be a possibility of financial loss to the copyright holder or financial gain to the infringer. The NET Act sets penalties for willful copyright infringement.