TMN Ask A Lawyer: P2P File Sharing
TMN Ask A Lawyeris a semi-regular column where our readers receive expert legal advice from a renowned entertainment lawyer.
In thisinstalment, Gene Goodsell, who with his firm Goodsell Lawyers has worked withChingy and T-Pain,takes you through the consequences of P2P file sharing.
Q: A friend of mine downloaded a bunch of albums from a peer-to-peer website and put them on a hard drive for me. I’ve since uploaded those songs to my computer and phone, could I be held liable for copyright infringement?
A: Usually, the answer to this question will be in the affirmative (theoretically, anyway).
P2P File Sharing
This is because, unless authorised, the vast bulk of P2P ‘file sharing’ is considered unauthorised copying and transmission of copyright material. If your friend cares about music and respects the artists who produce it they should usually not P2P file share as their actions can negatively impact on the sales of music and the livelihoods of people in the business.
You cannot assume that albums online have been uploaded with the copyright owner’s permission. If the material is an infringing copy, or the person hosting the site is not in a position to give permission on behalf of the artist(s), it is likely that the downloading of albums will constitute an infringement of copyright.
Rights of Copyright Owners
Copyright owners have numerous rights available to them. In this instance, they can control the reproduction of their albums and can control the communication of their albums to the public. In other words, artists can control the uploading and downloading of their albums.
Copyright infringement will exist if the albums are used in one of the ways that copyright owners control without their permission. In addition to this, no exceptions must apply. There are a number of exceptions relating to private copying of material. These are subject to limits and pre-conditions.
As well as downloading and uploading albums, sharing unauthorized copies of the albums will constitute copyright infringement. In addition to this, downloading (saving) albums to a hard drive without the permission of the copyright owner will constitute copyright infringement.
If a copyright owner has given permission, albums may be downloaded from peer-to-peer websites. However, if this permission is not given, albums should not be downloaded, even for personal use.
Often, a judgement call will need to be made as to whether albums on a site are likely to infringe copyright. The fact that popular albums are free and/or of a low quality are usually signs that the websites are bogus and the albums infringe copyright.
A Practical Perspective
In reality, if you upload songs to your computer and phone, this will probably not be traceable and you will not be prosecuted for copyright infringement. However, as mentioned above, you will be doing an injustice to yourself and the music industry in general. Artists rely on the income generated from the legitimate sale of their albums.
Hopefully, this article provides you some ‘food for thought’ with regards to copyright infringement.
Goodsell Lawyers is the only Australian music and entertainment law firm with a lawyer based in Los Angeles. It representsmany different parties in the music industry, such as artists, publishers, record labels, promoters and managers. It has worked with many prominent US booking agents, such as Paradigm in Beverly Hills. It hasalsoworked with many urban artists such as Chingy and T-Pain. Goodsell Lawyers also has experience with music and entertainment litigation. It is the only music and entertainment law firm in Australia that offers fixed fees for most matters. Additionally, one of its consultants co-wrote the first edition of‘Music Business’, which is the music bible in Australia.
To read more about Gene Goodsell and get in contact, visit the firm’s official website: http://www.goodselllaw.com.au.
Goodsell tweets at: @GoodsellLawyers
Submit your questions to poppy.reid@themusicnetwork.comor tweet them at us:@themusicnetwork
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