Monday, October 16, 2006

Controversies about Legal Music Downloads

Intro

Thanks to the price of the audio recordings today, more and more people trying to get free music, but often not considering whether what they are doing considered as legal music downloads or not. One of the easiest media to get free music is through internet. This is the reason why there are many sites offering P2P software (Napster.com, Limewire.com, Morpheus.com, Grokster.com, eDonkey.com, Kazaa.com, and many more) so people could share their favorite music and video through the network.

I really urge you to get legal music downloads than using P2P technology to share files because most files on the network contained are copyrighted works, like movies, software, music, and games. P2P software makes it possible to upload and download copyrighted material from the Internet without proper authorization, but that can violate copyright laws and subject you to criminal and civil penalties

The Impact of P2P Technology

What does the impact? As more people download free music instead of buying it, Major labels felt they have been ripped off because sales has been dropping and they start filing claims to those sites. Then RIAA (Recording Industry Association of America) stepped in to take actions based on Digital Millennium Copyright Act. This law will enforce the internet service providers to reveal the names of file traders.

How they do that? RIAA can determine your internet protocol address by connecting with your peer-to-peer client and your IP address. By the time you were connected, the ISP can determine your name. You will get serious trouble if RIAA decided to sue you because it is easier if RIAA are going after end users

Are you one of those file traders? Then you should be careful because RIAA can sue you for $150,000 per file you share as damages from copyright violated. You really should read RIAA Obtains Subpoenas against File Swappers and House Bill to Make File-Sharing an Automatic Felony

What is Considered Legal Music Downloads?

Sharing is not illegal as long as you obey all relevant copyright laws. Using P2P programs to download and distribute copyrighted music, movies and games without permission is illegal. P2P technology makes it possible to share all kinds of information. Some information is protected by copyright, which means that you generally need the copyright owner's permission before you make it available to other P2P users. Popular music, movies, games, and software are often protected by copyright.

Copyright infringement can result in significant monetary damages, fines and even criminal penalties. Some copyright owners have filed civil lawsuits against individuals that they believe unlawfully distributed large numbers of copyrighted songs.

Original works of authorship, including literary, dramatic, musical, artistic, and certain intellectual compositions are protected by copyright law. If a person publicly performs, reproduces, distributes copies, or displays works without consent of the copyright owner could be in violation of the law. Go to http://www.loc.gov/copyright and learn more about U.S. copyright law.

Using file-sharing (P2P) software for the uploading or downloading of copyrighted works without the permission or authorization of the copyright holders may be illegal and could subject you (or the ISP subscriber) to civil and/or criminal liability and penalties. For more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright and http://www.copyright.gov/title17.

Some content found on file-sharing (P2P) networks may be reproduced, uploaded and downloaded. There are a significant number of copyright holders who have authorized the sharing of their content for non-commercial purposes, such as some content with Creative Commons format licenses, and there is also content available in the public domain and not protected by copyright. Most commercially released popular songs, films, and software are NOT authorized for free redistribution but require separate purchase or licensing.

Distributions of music download are not always through P2P network. Some sites also offering free legal music downloads. It is not illegal as long as it has been authorized by the artist involved.

Influence of Legal Music Downloads for Artists

You might wonder then what the artist will get if people could get legal music downloads on the net, especially if they could get it for free. The answer is artists will make money as always by selling their recordings, merchandise, live concerts, and ads endorsement contract.

In fact legal music downloads could help boost popularity of an artist and there are many reports that showed people buy their recording after they hear its legal music downloads from the net. Off course it is simply because a CD has much better sound quality than mp3 or wav formats you usually got from legal music downloads sites.
Tips to Avoid Trouble from Music Downloads

If you do not want to have any trouble with RIAA when downloading music, there are basically three tips I can share:

1.You should not be involved in any file sharing activity, especially if what you shared is not your own copyright. Only share files responsibly by sharing your own work and you decide it will benefit you in long term.

2. Pay to hear your music. This is the easiest and fool-proof method to ensure you avoid any trouble with RIAA, because they are basically suing people from illegal music downloads

3.Always ensure what you download is legal music downloads especially if you download music for no cost.

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