Digital Millenium Copyright Act

Frequently Asked Questions

The following FAQs are modified from the source. (source:www.campusdownloading.com)

How do I know what's legal and what's not when it comes to copying music/movies?

Here's the bottom line: If you distribute copyrighted music/movies without authorization from the copyright owner, you are breaking the law. (Distribution can mean anything from "sharing" files on the Internet to burning copies of copyrighted material onto blank CDs, DVDs, or Flash drives, and selling or giving them to others.)

Is it illegal to upload music/movies onto the Internet even if I don't charge for it?

Yes, if the material 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/movies?

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/movies 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 UCR's Legal2Share or other legal sites section of this web site.

If all I do is download music/movie 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/clips with my friends?

The use of e-mail or instant messenger services to exchange songs/clips 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/movies and leave it on my hard drive for less than 24 hours?

Reproducing or distributing copyrighted material without the permission of the copyright holder is against the law regardless of how long you hold on to the music/movie.

Is it legal to post music 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/movies 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/movies legally, there is usually a copyright mark somewhere on the product. Stolen music/movies 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 material?

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/movies 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 and production companies, who does copying music actually hurt?

First and foremost, illegal copying hurts the artists. 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.

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