Piracy: Legal vs. Illegal Downloading
Contributed by: Federal Trade Commission
Downloading Music
Great controversy surrounds this issue. However, parents should understand that downloading music and movies from the Internet, under certain circumstances, is legal. At the center of the controversy is the fact that music and movies are copyrighted works, and downloading copyrighted works without expression permission, (that is, without paying for the works), is illegal.
Generally, if the music and movies being downloaded are free and from a peer-to-peer (“P2P”) file sharing network, they are illegal. While places on the Internet exist where you may receive free promotional downloads and free rights from not-so-popular artists, these tend to be the exception, and most files shared on P2P networks are not within this exception.
The bottom line is downloading copyrighted material without expressed permission is illegal. Such music must be purchased in order to be legal.
The Recording Industry Association of America (“RIAA”) is the entity that may bring the lawsuit against unlawful downloading. The RIAA www.riaa.com provides the following list of websites where music can be legally downloaded at http://www.riaa.com/issues/music/legalsites.asp.
Amazon.com
AOL Music
Apple's iTunes Music Store
Artist Direct
AudioCandy
BestBuy
BET
BuyMusic.com
Catsmusic
Circuit City
College Concerts
Compact Disc World
Corner CD
Dimples Music
Electric Fetus
Emusic
Exitos Musical
French Pro-Music
Full Audio's
MusicNOW
FYE
Gallery of Sound
German Pro-Music
Independent Record
Instavid
Latin Noise
Lifeway
LiquidAudio
Mainstreet
Millennium Music
MIRA Coalition
MP3.com
Musicmatch
Music Millennium
MusicNet@AOL
Music Rebellion
Napster
Netscape Music
New World Record
Passalong
Peer Impact
Pro-Music
Quonset Hut
RasputinMusic
RealNetworks' Rhapsody
Record and Tape Trader
Rolling Stone
Sam Goody
Sony Connect
Spinner
Streamwaves
Top Hits Music
Tower Records
Wal-Mart
Windows Media
Yahoo Music Unlimited
May my child legally share movie files online?
Similar to music, numerous legal websites make downloading films legal, provided that compensation be made to those who create and own the work.. The Motion Picture Association www.mpaa.org helps consumers identify those websites.
Specifically, the MPA states:
“Anyone who sells, acquires copies or distributes copyrighted materials without permission is called a pirate. Downloading a movie without paying for it is no different than walking into a store and stealing a DVD off the shelf. Motion Picture Piracy is committed in many ways, including via the Internet through downloadable files, selling pirated DVDs on the street or capturing and redistributing live broadcasts or performances without a license on the Internet. Downloading movies and music without the authorization of copyright holders is a growing international problem that presents serious challenges for the movie industry and has serious legal consequences. People often download movies on the Internet because they believe they are anonymous and will not be held responsible for their actions. They are wrong. The illegal downloading and swapping of movie files is a serious crime. Pirates and their affiliates can and will be tracked for engaging in Internet piracy.”
“[P]lenty of sites [] offer legal downloads such as CinemaNow, ifilm, Movielink, Movieflix, Vongo, AtomFilms and more. [Thus] many options [are] available to buy or rent movies, without even having to leave your home.”
For more information on the above and on how to know if a movie file is legal or a pirated copy or how to spot a pirate, see: http://www.mpaa.org/piracy_whoAre.asp, http://www.mpaa.org/piracy_IDmaterials.asp, http://www.mpaa.org/piracy_IDmaterials.asp, http://www.mpaa.org/HowToSpot/launch.html
Finally, to report piracy go to: http://www.mpaa.org/ReportPiracy.asp
Can my child legally share sheet music and guitar tabulators online?
Legal websites exist that allow Internet users to legally download sheet music if compensation is provided to the authors who create and own that music. The Music Publisher’s Association, www.mpa.org, takes action against individuals and sites that illegally distribute sheet music, including guitar tabulators. The MPA released the following statement:
“Our members are in the business of creating printed sheet music and tablature products and making them available for sale in music stores and on line. Our members pay substantial sums to the creators and owners of the music we represent for the right and privilege to bring this music to the public in authorized sheet music products. Our members also put tremendous effort and incur significant expense in arranging, engraving, editing, marketing and distributing those products. Our members work closely with the creators and their musical representatives, to ensure that the finished products accurately represent the music as the creators wrote it....
…The MPA is taking action to protect the rights of the creators and owners of music against people who would take the value of their music for their own commercial purposes without compensation. Our members are ready and willing to work with any web site owner who wants to build a legitimate on-line business to make music available to amateurs and professionals while providing compensation to the people who create and own that music. We look forward to developing new ways of distributing our products through the Internet for the benefit of everyone in the music community.”
For the complete statement go to: http://mpa.org/news/show/5
In light of the foregoing, parents should instruct children on how to safely and legally download from the Internet movies and music.
