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Violations of Copyright Privilege

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Violations of Copyright Privileges
Joe Cooper

Violations of Copyright Privileges US copyright law provides detailed and specific recourse for copyright infringement, although it is sometimes left unenforced. The Copyright Act of 1976, contained in the US Constitution, and the No Electronic Theft Act (NET Act) provide both civil and criminal recourse for infractions. (US Copyright Office) Although issues of copyright infraction are extremely common in the music industry, the law is clear that the distribution, performance or display of copyrighted intellectual property (IP) cannot be tolerated (Grama 2011). The distribution of songs via peer to peer sharing on the internet directly violated the Copyright Act and NET Act. It drastically affected the market and was not used for non-profit, educational use. Under the provisions of the NET Act, the distribution of copyrighted music is illegal even if there is no commercial revenue to be gained or intended. Under the NET Act, increased penalties for the illegal distribution of 10 or more copies of a protected work were increased to five years imprisonment and/or $250,000 fines for individuals and $500,000 for organizations. For circumstances less than the threshold of 10, the maximum is one year imprisonment and up to $25,000 for individuals and $100,000 for organizations. (GPO 1997) In this case real damages would be sought for the accumulated loss of revenue as well as legal fees, as provided by the Copyright Act of 1976 (US Constitution). In order to meet the statute of limitations on these charges, civil suit must be filed within three years and criminal charges must be brought within five years (US Constitution). The damage done by peer to peer file sharing in this instance has caused real damages and is not protected under fair use. The IP that was constitutionally protected provides motivation for individuals and organizations to utilize the creativity necessary for the advancement of this nation.

Remedies (US Constitution) * Money that was actually already lost * Money that infringer earned due to infringement * Or- statutory damages not less than $750 but not greater than 30,000 * Statutory damages up to 150k if burden of proof is on copyright owner * Reasonable attorney’s fees may be granted * Fines of up to $250,000/$500,000 under NET Act Limitations (US Constitution) * Civil suit must be filed within 3 years * Criminal Charges within 5 years
Considerations for Fair Use (US Copyright Office) * Was the use for non-profit, educational purposes or commercial reasons? * Nature of the work * Portion of the work used * Affect on the market
Rights Held by Copyright Owner (Grama 2011) * Distribution * Performance * Display
Laws broken * No Electronic Theft Act (NET Act) (US Copyright Office) * Copyright Act of 1976 (US Consititution)

References
United States Constitution, The Constitutional Provision Respecting Copyright, Chapter 5 and Appendix H, Electronically retrieved on 5 January 2014, http://www.copyright.gov/title17/,
Government Printing Office (GPO), Public Law 105-147, 16 December 1997, http://www.gpo.gov/fdsys/pkg/PLAW-105publ147/pdf/PLAW-105publ147.pdf
US Copyright Office (2012), Fair Use, Electronically retrieved on 31 December 2013. http://www.copyright.gov/fls/fl102.html
Grama, J., (2011) Legal Issues in Information Security, 17, Massachusetts; Jones & Bartlett.

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