What will happen to me if I get caught illegally copying or distributing copyrighted material?

Under federal law, first-time offenders who commit copyright violations that involve digital recordings can face criminal penalties of as much as five years in prison and/or $250,000 in fines. You could also be sued by the copyright holder in civil court, which could cost you hundreds of thousands of dollars more in damages and legal fees.

What are examples of violating copyright law?

• Sharing copyrighted files on the Internet, via peer networks.
• Burning copies of a CD for friends.
• Transferring a music file through an instant messaging service.
• Lending a friend a CD so he or she can copy it.

If someone in my family shared music or video files illegally two or three years ago, am I still liable?

The recording industry and motion picture industry believes you are, if your Internet account was used. So far, all civil suits have been settled before going to trial.

How can I find out if someone at my house used my Internet address for illegal downloads?

Search the computer's hard drive by typing key names of peer-to-peer networks into your hard drive's search engine. The University of Chicago's Web site -- at security.uchicago.edu/peer-to-peer/no_fileshare.shtml -- has a list of these and instructions on how to disable them on your computer.

What can I do if I discover illegal file sharing at my house?

Remove any illegal files and software from your computer. The sooner people do that, "the more they reduce the likelihood of legal action," said Jenni Engebretsen, a recording industry spokeswoman. But "there is always a possibility" of consequences for illegal downloading, she said.

Are there legal downloading services?

Yes. ITunes, Rhapsody and Napster are examples. They charge user fees and pay royalties.

How do I know what’s legal and what’s not when it comes to copying?

Here’s the bottom line: If you distribute copyrighted material without authorization from the copyright owner, you are breaking the law. (Distribution can mean anything from "sharing" music files on the Internet to burning multiple copies of copyrighted music onto blank CD-Rs.)

Is it illegal to upload music files onto the Internet even if I don’t charge for it?

Yes, if the music is protected by copyright and you don’t have the copyright holder’s permission. U.S. copyright law prohibits the unauthorized distribution of copyrighted creative work whether or not you charge money for it.

What will happen to me if I get caught illegally copying or distributing copyrighted files?

Under federal law, first-time offenders who commit copyright violations that involve digital recordings can face criminal penalties of as much as five years in prison and/or $250,000 in fines. You could also be sued by the copyright holder in civil court, which could cost you hundreds of thousands of dollars more in damages and legal fees.

Is downloading and uploading really stealing?

If it’s done without the permission of the copyright holder, it’s legally no different than walking into a music store, stuffing a CD into your pocket, and walking out without paying for it.

Can I use E-mail or instant messenger services to exchange songs with my friends?

The use of e-mail or instant messenger services to exchange songs is governed by the same copyright laws that apply to any other form of reproduction or distribution.

Is it legal to post copyrighted files that are no longer "in print"?

Copyrights don’t last forever. Eventually all creative work becomes part of what is called the public domain—at which point anyone and everyone is free to copy and distribute it as they please. But just because a particular recording has gone out of print doesn’t mean its copyright has lapsed. If it hasn’t, then you need to get permission from the copyright holder before you post it.

What if I upload or download music to or from a server that is based outside of the U.S.?

If you are in the United States, U.S. law applies to you regardless of where the server may be located.

What if I download or upload poor-quality recordings?

The law prohibits unauthorized copying and/or distribution of digital recordings that are recognizable copies of copyrighted work. The quality of the recordings doesn’t matter.

How do I know if something is copyrighted?

When you buy music legally, there is usually a copyright mark somewhere on the product. Stolen music generally doesn’t bear a copyright mark or warning. Either way, the copyright law still applies. A copyrighted creative work does not have to be marked as such to be protected by law.

Doesn’t the First Amendment give me the right to download and upload anything I want, including copyrighted material?

The answer is, no, it does not. What copyright law prohibits is theft, not free expression.

Doesn’t the "Fair Use doctrine" give me the right to download and upload copies of files I’ve purchased?

No, it doesn’t. In certain instances, the use of a copyrighted work for purposes of criticism, comment, news reporting, teaching, scholarship or research might not constitute infringement, depending on (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work has a whole, and (4) the effect of the use on the potential market for or value of the copyrighted work. However, courts have rejected the notion that uploading and downloading copyrighted sound recordings without permission constitutes the "fair use."

Besides the record companies, who does copying music actually hurt?

First and foremost, illegal copying hurts the songwriters and recording artists who make the music. These people depend on the royalties they get from the authorized sales of their recordings to make a living. Many recording artists receive most of their income from royalties. For many young artists, income from royalties means survival. In the end, illegal downloading guarantees that artists won’t be fully rewarded for their hard work and devotion to the craft.