Copyright Law: P2p Sharing And You

Peer-to-peer (P2P) file-sharing technologies have been around for many years, but applications such as LimeWire, KaZaA, and BitTorrent have made it easy to trade files with people around the world. P2P file-sharing applications allow a computer to connect to a P2P network, and once connected, make it possible to download and share files with other users on the network. While P2P technologies have many legitimate uses, the primary use of P2P technology has been the copying and sharing of commercial music and video files without the copyright holder's permission. This type of activity generally violates copyright law.

Copyright law protects original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright law grants the copyright holder exclusive rights, such as the right to reproduce, distribute, display, or perform the protected work, or to produce derivative works. Copyright infringement occurs when these exclusive rights are infringed without permission for a usage where such permission is required.

Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights. In the United States, copyright infringement can result in civil or criminal liability, with penalties including substantial damages, attorney's fees, and jail time.

The legality of downloading

Downloading copyrighted material without the authority of the copyright owner is illegal. This includes downloading from peer-to-peer (P2P) networks, which connect computers over the internet, allowing users to share files. P2P file-sharing applications such as LimeWire, KaZaA, and BitTorrent have made it easy to trade files with people all over the world.

Downloading and sharing copyrighted material without the consent of the right holder is not permitted under article 2 of the Copyright Act. This includes copying and sharing images, music, movies, TV shows, and software. The consequences of copyright infringement can be serious and include civil and criminal liability. Civil liability can result in substantial damages and attorney's fees, with statutory damages of up to $30,000 for each work infringed. Criminal liability can result in fines and jail time, with penalties of up to three years in prison and a $250,000 fine for a first offense.

It is important to note that simply downloading a copyrighted work without distributing it is still illegal. However, there are exceptions to copyright law, such as the fair use doctrine, which allows limited use of copyrighted material for purposes like criticism, comment, news reporting, teaching, scholarship, or research. To determine fair use, one must consider the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the work.

To avoid legal risks, consumers can use "authorized" services that allow them to purchase copyrighted works online. By using these services, consumers can limit their exposure to not only infringement liability but also other potential risks such as viruses, unexpected material, or spyware.

The legality of uploading

Uploading copyrighted content without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. This means that, in most countries, uploading or publicly distributing copyright-protected content is illegal.

In the United States, copyright law grants the copyright holder exclusive rights to reproduce, distribute, display or perform the protected work, or to produce derivative works. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.

The consequences of copyright infringement can be severe. Anyone found to have infringed a copyrighted work may be liable for statutory damages of up to $30,000 for each work infringed. If willful infringement is proven, that amount may be increased to up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce their rights.

In the case of egregious or large-scale commercial infringement, especially when it involves counterfeiting, copyright infringement may be prosecuted via the criminal justice system. Willful copyright infringement in the United States carries a maximum fine of $150,000 per instance.

While downloading or other private copying is sometimes permitted, public distribution by uploading or otherwise offering to share copyright-protected content remains illegal in most, if not all, countries. For example, in Canada, it was once legal to download any copyrighted file for non-commercial use, but it was still illegal to distribute the copyrighted files by uploading them to a peer-to-peer network.

Some countries, like Canada and Germany, have limited the penalties for non-commercial copyright infringement. For instance, Germany has passed a bill to limit the fine for individuals accused of sharing movies and series to €800-900.

In the United States, copyright infringement disputes are usually resolved through direct negotiation, a notice and take-down process, or litigation in civil court.

To avoid the risks of copyright infringement, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, such as music, e-books, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, such as viruses, unexpected material, or spyware.

The role of intermediaries

Intermediaries play a critical role in the enforcement of copyright law, especially in the context of peer-to-peer (P2P) file sharing. They are the "middlemen" that facilitate the exchange of goods and services, including digital content, over the internet. The issue of intermediary liability has become increasingly important as the internet has reached about 60% of the world's population, with billions of people using social media and P2P networks to connect, express themselves, and share content.

In the United States, the Digital Millennium Copyright Act (DMCA) sets out the rules governing intermediaries' responsibilities in relation to copyright infringement. The DMCA provides a "safe harbour" for intermediaries, protecting them from liability if they meet certain conditions. These include acting expeditiously to remove infringing content upon receiving a takedown notice from a copyright owner. The DMCA also requires intermediaries to respond to subpoenas from copyright owners seeking to identify alleged infringers.

The European Union has also introduced legislation imposing a legal duty on intermediaries for the content hosted on their platforms. Article 13 (now Article 17) of the EU Directive on Copyrights holds intermediaries liable for user-generated content that infringes copyright. This has been controversial, as it may impact small businesses, free speech, and the circulation of ideas.

In India, the intermediary liability law is less clear. The Copyright Act, 1957, and the Information Technology Act, 2000, provide some protection for intermediaries if they are unaware of infringing content on their platforms. However, intermediaries are required to act within a specified time frame to remove such content once they become aware of it. The lack of clarity in the law has led to concerns about censorship and the infringement of users' freedom of speech and expression.

Overall, the role of intermediaries in copyright law is complex and evolving. While intermediaries can play a crucial role in preventing copyright infringement, particularly in the digital space, there is a need to balance this with users' rights to free expression and intermediaries' rights to conduct their business.

The definition of infringement

Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. The rights afforded to the copyright holder, such as the exclusive use of a work for a set period, are breached by a third party.

The United States Copyright Office defines copyright infringement as:

> "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner."

Copyright infringement can occur in many ways, including:

• Illegally downloading music files
• Uploading someone else's copyrighted material to an accessible web page
• Downloading licensed software from an unauthorized site
• Modifying and reproducing someone else's creative work without making significant changes
• Recording a movie in a theater
• Distributing a recording of a TV show or radio broadcast
• Including someone else's photographs on a website without permission
• Publishing or posting a video with a copyrighted song to a company website
• Selling merchandise that includes copyrighted images, text, or logos

Copyright infringement is illegal, but it is most often a civil issue rather than a criminal matter. Penalties for copyright infringement usually include a fine or payment to the injured party.

The first step to proving copyright infringement is to establish ownership of the copyright. Then, it must be proven that the alleged infringing individual had access to the copyrighted work, and that the original copyrighted item has been copied.

Copyright infringement can be difficult to prove in some cases, especially if the copied work is not identical or very similar to the original work.

The consequences of infringement

Peer-to-peer file-sharing technologies have become a popular way to exchange music, movies, games, and software over the internet. While P2P file-sharing programs are not illegal, using them to distribute files without the permission of the copyright holder is a violation of copyright law.

The consequences of infringing copyright through peer-to-peer copying and sharing can be severe and include both civil and criminal penalties.

Civil judgments

Copyright owners can take civil action against infringers, who may be ordered to pay damages, with fines ranging from $750 to $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can also require infringers to pay the attorney's fees incurred by the copyright owner to enforce their rights.

Criminal penalties

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

Disciplinary action

In addition to legal consequences, copyright infringement can also lead to disciplinary action by educational institutions or employers. For example, Dartmouth College states that copyright infringement can subject a student to disciplinary action and may result in the loss of network access.

Subpoenas and lawsuits

Copyright owners can also seek subpoenas to obtain identifying information about alleged infringers and may file infringement lawsuits against individual peer-to-peer users.

It is important to note that ignorance of the law is not a valid excuse, and even if one does not care about the legality, the potential for costly and burdensome litigation should serve as a deterrent.

Frequently asked questions