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Illegal Downloading

Anya Goodman

CIS 1055

Section 6

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3Overview

• Introduction

• A Brief History of P2P File Sharing

• Legal Ramifications• What’s legal, and what isn’t?

• Ethical Considerations• A look at BOTH sides of the issue

• Educational Concerns• Our charge as educators.• Fair Use

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5What is going on?

and hundreds more!

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Peer-To-Peer File Sharing Services allow users to download and upload various

file formats over the Internet

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Users utilize this service ILLEGALLY

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Most users download music and next burn those songs onto a blank CD. Many rip tracks from CD’s which they have bought and share them

with everyone.

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Win MX

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KaZaA

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LimeWire

Ratings

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12A Brief History of PSP File Sharing

1995-

1997

• FTP (file transfer protocol) file sharing and free Homepage file sharing become the major way to share files

1997

• Hotline, or ICQ (messenger) become the major way to share files

1999

• Napster becomes the major way to share files. • Napster changed the way of sharing files than before because this service lets peers

download music files and also the capacity of it is much greater than other file sharing programs before.

2001

• File sharing application called WinMX was made.

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What is not legal and what is?

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14US Copyright Act of 1976

• Copyright literally means the right to copy. Congress passed the Act to protect the authors both creatively and financially.

• Musically this means:• The copyright in the musical composition, i.e. the actual

lyrics and notes on paper. This is usually owned by the songwriter or music publisher.

• The copyright in the sound recording, i.e. the recording of the performer singing or playing a given song. This is usually owned by the record company.

• Titles 17 and 18 of the U.S. Code protect copyright owners from the unauthorized reproduction, adaptation or distribution of sound recordings, as well as certain digital performances to the public.

Source: Althouse, 1997

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15What is Legal?

• It is legal to copy songs from an existing CD that you have purchased for your own use (compilation).

• It is considered fair use to then use that CD in the classroom for evaluation, rehearsal, exercises, or examinations.

• It is legal to download MIDI files of music that is in the public domain (unless the specific arrangement is copyrighted) and burn them on to a CD.

• It is legal to download music when the copyright owner gives permission or when you utilize a legal music downloading website.

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16What is Illegal?

• It is illegal to download copyright protected songs from the Internet without paying for them.

• It is illegal to upload songs onto a P2P File Sharing Service.

• It is illegal to burn those songs on to a CD, even for personal use.

• It is illegal to burn a compilation CD for another person, even if you paid for the CD’s that you use to make the compilation

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• Under current US Copyright Law it is technically illegal to record your performance ensemble without permission from the publisher even if only for archival purposes..

• It is illegal to burn and sell CD’s or videos of a performance without written permission from each publisher as well as the payment of a Mechanical Licensing Fee even if you are making less than 500 copies.

• Many P2P Websites now have legal disclaimers with the intention of freeing them from any responsibility for the activities that take place on its service.

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18Consequences

• Criminal penalties for first-time offenders can be as high as five years in prison and $250,000 in fines. Most lawsuits are settled for between $4,000 and $5,000.

• Civil lawsuits can also be pursued with a minimum penalty of $750 per downloaded song up to $150,000 per copyright infringement.

• With some P2P Services such as KaZaA, there are security problems which means that potentially all of the files on your computer, including confidential files, are available for viewing.

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Fair Use

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“Fair use is any copying of copyrighted material done for a limited and "transformative" purpose such as to comment upon, criticize or parody a copyrighted

work.”

Stanford University Law Center

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• The Four Factors of Fair Use• Purpose: Is it educational? • Nature: What was the original context of the

copyrighted material being used?• Amount: Less than 10% or 30 seconds• Effect: Are you taking money out of the copyright

holders hands?

• Some believe that there is a fifth factor - Good Will - but it is not written into the law

• Fair use is often unclear. Congress included the word transformative in the definition to leave it open to interpretation.

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Ethical Consideration

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23Question of Ethics

• Each year, the recording industry loses 4.3 billion dollars, in sales, a trend that began in 1999. There is recent evidence that this trend is reversing.

• The 10 most popular albums sold 40 million copies worldwide last year, down 20 million from the year before - according to the RIAA.

• Most recording artists make only $1.50 per CD. While many live very comfortable lives we must remember that they have earned it and therefore deserve it. If we were in their position, what would we think? Who makes the rest of the money?

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Educational Concerns

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• What kind of example are we setting for each other if we use or encourage the use of illegally downloaded music, software, or any other type of media in our classrooms? Do not use illegally downloaded music in front of others. Set a positive example, not a negative one.

• We must to adopt a zero tolerance policy in our schools for illegally downloaded music that not only applies to our younger generation, but to our colleagues and administrators as well.

• We must actively seek to educate each other that downloading music without paying for it is illegal. Always openly discuss the ethical aspects of illegal downloading. Always share the consequences with the each other. Scare them straight.

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26Resources

• Copyright: The Complete Guide for Music Educators by Jay Althouse. Alfred Publishing Co., Van Nuys, CA. 2010.

• Free Culture : The Nature and Future of Creativity by Lawrence Lessig. Penguin Books, New York. 2010.

• Digital Copyright by Jessica Litman. Prometheus Books, Amherst, NY. 2011.

• The Future of Music : Manifesto for the Digital Music Revolution by Dave Kusek & Gerd Leonhard. Berklee Press, Boston, MA. 2010.

• www.riaa.com• www.creativecommons.org• www.menc.org