Pirating Without Breaking Copyright Laws: A Comprehensive Guide

Piracy is a type of copyright infringement that involves duplicating and distributing copyrighted materials without permission from the copyright holder. While it is widespread and tacitly accepted in some circles, piracy can lead to civil liability and criminal penalties under federal law. The most familiar form of piracy is online piracy, which involves illegally uploading or downloading a copyrighted sound or video recording, as well as some uses of streaming systems.

To avoid breaking copyright laws, it is important to understand what copyright laws protect and to obtain permission from the owner, creator, or holder of the copyrighted material before using it. It is also important to note that anything on the internet has been copyrighted by default, and using it without permission is considered copyright infringement.

Understand copyright laws

Copyright is a type of intellectual property law that protects original works of authorship. This includes literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. Copyright law is designed to protect artists, publishers, and other content creators against specific unauthorized uses of their work, such as reproducing, publishing, performing in public, filming, broadcasting, or adapting the work.

Copyright law only prohibits the copying of a work; anyone can copy the ideas contained within a copyrighted work. For example, a copyright could cover a written description of a machine, but not the machine itself. This means that while no one could copy the written description, anyone could use the description to build the machine.

Copyright is granted to a work as soon as it is fixed in a tangible form of expression. This means that the work must be captured in a sufficiently permanent medium so that it can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when it is written down or recorded.

In the United States, copyright law is governed by the federal statute, the Copyright Act of 1976. This Act provides additional benefits to those who register their work with the Copyright Office, although registration is not mandatory. Copyright exists automatically as soon as an original work is fixed in a tangible form.

The length of copyright protection depends on when a work was created. In the US, under the current law, copyright protection lasts for the life of the author plus seventy years after the author's death. For anonymous, pseudonymous, or commissioned works, the term of copyright protection is 95 years from the first publication or 120 years from the date of creation, whichever is shorter.

Don't use what isn't yours

Piracy is a form of copyright infringement that involves duplicating and distributing copyrighted materials without permission from the copyright holder. Copyright law protects original works of authorship that are fixed in a tangible medium of expression. This includes literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. When you engage in piracy, you are taking something of value from the owner without their permission.

So, how can you avoid engaging in piracy and respect the copyright of others? Here are some key principles to follow:

• Don't use what isn't yours: This is the golden rule of copyright law. If you didn't create it or obtain permission from the copyright owner, don't use it. This includes not only copying and distributing the work but also making it available to others through file-sharing or streaming. Remember, even if you don't directly profit from it, you are still infringing on the owner's exclusive rights.
• Understand fair use: Fair use is an exception to copyright law that allows limited use of copyrighted material for purposes such as commentary, criticism, news reporting, and educational use. However, it is important to note that fair use is limited and does not permit unrestricted use of copyrighted works. If you are unsure, it is best to seek permission from the copyright owner.
• Respect trademarks and labels: When copying or distributing copyrighted material, do not reproduce trademarks, labels, or other identifying features of the original work. This is considered counterfeit and is a violation of the owner's intellectual property rights.
• Don't support pirate sites: Avoid downloading or streaming from pirate sites or peer-to-peer file-sharing systems. These sites are unauthorized distributors of copyrighted material and are illegal. Instead, use legitimate sites that have been authorized by the owners of the copyrighted content.
• Obtain written permission: If you want to use copyrighted material, it is best to get written permission from the copyright owner. This can be in the form of a license agreement that outlines the permitted use of the material. Some copyright owners may also allow others to use their work for free, with certain requirements or conditions, as outlined in Creative Commons licenses.
• Understand your rights as a consumer: If you have legally purchased a copyrighted work, such as a book, movie, or song, you have the right to sell or give away that specific copy. However, this does not give you the right to publicly share the content with the entire internet or distribute unauthorized copies.
• Be aware of the consequences: Piracy can lead to serious legal consequences, including civil lawsuits and criminal penalties. Copyright owners can bring infringement actions against you, and criminal charges may result in jail time and hefty fines. It is important to respect the intellectual property rights of others to avoid these consequences.

In conclusion, the key principle to remember is to "don't use what isn't yours." By respecting the copyright of others and obtaining permission for any use of their work, you can avoid piracy and the associated legal consequences.

Avoid internet content

Piracy is a criminal offence, and it is important to understand the consequences of engaging in it. The internet has made it easier for people to access and share content, but it has also created a risk of violating intellectual property rights. Piracy involves duplicating and distributing copyrighted materials without permission from the copyright holder. While it may be tacitly accepted in some circles, piracy can lead to civil liability and criminal penalties under federal law.

With the increasing internet connectivity around the world, piracy will only become a bigger issue. According to the Online TV Piracy Forecasts report from Digital TV Research, streaming revenue lost to piracy will reach $52 billion by 2022. Therefore, it is important to take steps to avoid internet content that may be pirated.

Firstly, it is crucial to understand the types of content that are most likely to be pirated. This includes TV on-demand and cinema, live events and streaming, software, apps and video games, and e-learning and information products. For example, during the COVID-19 lockdowns, there was a huge growth in entertainment piracy, with film piracy jumping 43% in the UK and 41% in the USA.

To avoid internet content that may be pirated, it is recommended to only access content from legitimate sources. This includes official streaming platforms, such as Netflix, Disney+, and Amazon Prime, as well as official websites of TV networks and film studios. It is also important to be cautious when downloading files from the internet. Avoid downloading files from torrent sites or cyberlockers, as these are often used for pirating content.

In addition to official streaming platforms, there are also legitimate sites that offer free, ad-supported streaming of TV shows and movies. These sites include Tubi, Pluto TV, and IMDb TV. While the selection on these sites may be more limited, they provide a legal alternative to pirating content.

When it comes to software, apps, and video games, it is important to only download them from official app stores, such as the Apple App Store or the Google Play Store. These app stores have strict guidelines and review processes in place to ensure that pirated content is not distributed through their platforms.

For e-learning and information products, it is recommended to only access content from reputable online course platforms, such as Udemy, Coursera, or edX. These platforms typically have measures in place to prevent the distribution of pirated content.

Another way to avoid pirated content is to be cautious when using search engines. While search engines like Google and Bing have measures in place to remove pirated content from their results, it is still possible for some pirated content to slip through. Therefore, it is important to be vigilant and only click on reputable websites.

Social media can also be a source of pirated content. Pirates may use social media ads, public posts, and pages to direct users to fraudulent content. Therefore, it is important to be cautious when clicking on links from social media and to only follow reputable accounts.

In addition to being vigilant when consuming content online, there are also measures that can be taken to protect your own content from being pirated. This includes registering your copyright, displaying your copyright ownership, and using anti-piracy services.

By following these steps, you can help reduce your risk of engaging in piracy and protect your own content from being pirated. Remember, piracy is a serious offence that can have legal consequences, and it is important to respect the intellectual property rights of others.

Send a Copyright Infringement Notice

Piracy, or copyright infringement, is the use of works protected by copyright laws without permission from the copyright holder. This can include downloading unauthorised versions of copyrighted music or illegally copying music using stream-ripping software or mobile apps. Copyright infringement can lead to civil liability and criminal penalties under federal law.

A copyright infringement notice is used to formally notify an infringer that their content needs to be taken down. Here are the steps to send one:

• Identify the infringer: To send a copyright infringement notice, you will need the name, address, and contact information of the infringer. You can use ICANN to look up domain registrants to find their contact information.
• Write the letter: A copyright infringement letter should include your contact information, details of the specific infringement that has occurred, and a deadline to take down the content. You can use a cease and desist letter template or a DMCA takedown template.
• Send the letter: You can send your copyright infringement notice via mail, email, in person, or over the phone. Keep a copy of the letter and record the date it was received. If sending by mail, use certified mail to be notified when it has been received.

It's important to act quickly when sending a copyright infringement notice, as scammers can simply ignore your request and continue their activities. If your content isn't taken down by the deadline, try another method, such as reporting the infringement to the platform it's occurring on, or contacting Google to de-index a spoof website.

File a civil lawsuit

Copyright infringement, often referred to as piracy, is the use of works protected by copyright without permission for usage where such permission is required. Copyright infringement disputes are usually resolved through direct negotiation, a notice-and-takedown process, or litigation in civil court.

Filing a Civil Lawsuit

If you are the owner of a copyrighted work, you can file a civil lawsuit against the infringer. To do this, you must establish two essential elements in court:

• Copyright ownership: Demonstrate that the work is original and exists in a "tangible medium of expression". You must also show that the copyright is still valid and has been registered with the U.S. Copyright Office. While registration is not required for a work to be copyrighted, it is necessary to file an infringement lawsuit.
• Infringement of copyright: Upon establishing ownership, prove that the defendant violated your exclusive rights to the work. This may involve showing unauthorised display, distribution, or sale of the copyrighted material. In the case of unauthorised derivative works, you must demonstrate substantial similarities between your copyrighted work and the defendant's.

Remedies for Copyright Small Claims

The process of filing a federal lawsuit can be time-consuming and expensive. As an alternative, Congress has introduced the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), which establishes a Copyright Claims Board (CCB) to hear copyright infringement matters with damages capped at $30,000. The CCB provides a streamlined, voluntary adjudication process as a more efficient and cost-effective solution for resolving copyright infringement claims.

Frequently asked questions