FILE-SHARING The DMCA, RIAA, and you. Copyright What is a copyright?

FILE-SHARING

The DMCA, RIAA, and you

Copyright

What is a copyright?

Copyright

What is a copyright? An exclusive right to reproduce a piece of

creative work such as a book, song, TV show, or movie.

It is generally granted to the creators of the work.

File-sharing

What is file-sharing?

File-sharing

What is file-sharing? Sharing copyrighted computer files

Commonly songs, TV shows, and Movies Often done over the internet, but also in

person or from ripping borrowed CDs, or ripping any DVD

It is often called “music piracy”

File-sharing

What is file-sharing? Sharing copyrighted computer files

Commonly songs, TV shows, and Movies Often done over the internet, but also in

person or from ripping borrowed CDs, or ripping any DVD

It is often called “piracy” or “music piracy”

How many of you have ever shared one of these types of files?

File-sharing

What do you think about file sharing? Is it morally okay? Should it be illegal? It is both, neither, or one but not the other?

Anti-Pirate PSA

http://www.youtube.com/watch?v=Wf4pnY1wFiU

File-sharing

Again, how many of you have ever shared copyrighted files?

File-sharing

Again, how many of you have ever shared copyrighted files?

Did you know that you committed a federal felony? It is perfectly legal to rip CDs you own, but not

CDs you don’t own. All commercial DVDs have copy protection, which must be “hacked” in order to copy them. Thus, coping any commercial DVD requires “hacking” the copy protection and is illegal.

Criminal consequences

Under the Digital Millennium Copyright Act (DMCA) sharing copyrighted files is illegal

With punishments up to: $500,000 fine, 5 years in prison, or both for

a first offense. $1,000,000 fine, 10 years in prison, or both

for a subsequent offence

Criminal consequences

Fortunately for those who have shared files, file sharing is so wide spread the federal government does not typically go after downloaders.

Also there is a 5 year statute of limitations.

Civil Consequences

This is the real danger!

Civil Consequences

The DMCA allows copyright holders to sue file sharers for up to $150,000 per violation.

That is $150,000 per song, tv show, or movie!

Civil Consequences

The RIAA – a music industry trade group – has used this to sue 30,000 individuals.

These individuals have included, children, grandparents, unemployed single mothers, college professors, a lot of college students, and high school students.

Civil Consequences

Typically the RIAA attempts to force the individual into settling the lawsuit.

As most people don’t have anywhere near enough money to actually pay what they would owe under the DMCA, the RIAA will typically try to take all of a person savings.

Tammy Lafky case

Tammy was a 41-year-old sugar mill worker and single mother in Minnesota.

She made $21,000 a year and received no child support.

Her teenage daughter downloaded some music—an activity that both Tammy and her daughter thought was legal

Tammy faced over $500,000 in penalties The RIAA offered to settle the case for

$4,000, over 2 month income for Tammy.

How Not to Get Sued!

Fortunately the RIAA has said that they are going to stop suing consumers, but some reports of new lawsuits continue.

However, they are switching to a policy of working with Internet Service Providers (ISPs) to shut off the internet access for people who engage in file sharing.

Don’t share or download files is the easiest way to avoid being sued.

More info

Electronic Frontier Foundation: www.eff.org

Note: The EFF takes a pro-file sharing stance, but they have a ton of info and good practical advice.