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Online Guide
- Talking to Your Children About Downloading Music – A Parent's Guide
- First, Figure Out What Your Kids Are Doing Online
- What to Expect and How to Address the Issue
- Explaining the Underlying Reasoning to Your Kids
- Understanding Music and the Internet
- What should you do if you receive a letter or subpoena from the RIAA?
- So, what can you do to stay on the right side of the law and off the RIAA's subpoena list?
- And Now for the Really Boring Stuff…the Law
- Criminal Copyright Infringement and Children
- A message from Jennifer, age 14, New Jersey
- Ask Parry! Excerpt
- Frequently Asked Questions
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And Now for the Really Boring Stuff.the Law
Parry’s Primer on Copyright Infringement Online
The U.S. Copyright Act protects "original works of authorship fixed in any tangible medium of expression." This protection doesn't extend to "ideas" or facts contained in a work, but only to the "expression" of ideas or facts contained in the work.
Copyright law protects eight categories of works: literary (including software programs); musical (including lyrics); dramatic (including any accompanying music); pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. The Copyright Act prohibits others from reproducing, adapting, and publicly distributing, performing, or displaying copyrighted works without the copyright owner’s permission.
To prove an infringement, the copyright owner must show (1) that the infringer had access to the copyrighted work, (2) that the copy is "substantially similar" to the copyrighted work, and (3) that one of the protected rights has been implicated by the infringer's actions.
The infringement can occur directly, contributorily, or vicariously.
A person directly infringes a copyrighted work by either reproducing, adapting, publicly distributing, performing, or displaying, or importing it (we'll refer to all of these things, from time to time in this article, as "copying" to make it easier to discuss). Direct infringement is a strict liability tort: the infringer doesn't have to know that he is infringing or intend to infringe. He doesn't even need to know the work is copyrighted. Simply by copying the work the person is liable for copyright infringement. People who download music are directly infringing on the copyright.
Someone contributorily infringes when he provides substantial assistance for the infringement. He must know (or should have known) that the work is copyrighted. Vicarious infringement occurs when the vicarious infringer receives a direct financial benefit from the infringement and has the right and ability to control the infringer. These indirect infringement claims were used to shut down Napster and are being used to try and shut down P2P networks. (Arguments have been made that the ability to terminate a user’s account with the P2P network for violating the network’s terms of use, and its selling ads for the site satisfy the test for vicarious infringing.)
A copyright owner can recover actual or, in some cases, statutory damages (which can be as high as $150,000 per infringement in some cases) from an infringer. In addition, courts have the power to issue an injunction to prevent or restrain copyright infringement and to order the impoundment and destruction of infringing copies. In some cases copyright infringement may also be criminal, exposing the infringer to possible jail time and fines.