For the past decade, with the introduction of  the illegal downlaoding music service, Napster, the music industry has been forever changed.  Over the past decade , the introduction of mp3 players, i-pods, i-tunes, zunes and digital delivery within the industry has slowly diminished the importance of the cd.  However,  aside from diminishing cd sales, is more importantly the role of laws that play in protecting  what artists create, that being the music content itself.  The industry has suffered but still has found ways to make money, through downloading through legal sites, however,  laws and how it is enforced will be the means to ensure music is protected.

One such law that exists currently in the United Sates is ‘”The U.S. Digital Millennium Copyright Act”.  This law seems to cover more of a broad spectrum of proetecting music  and replicating in any means as  it will be deemed illegal unless for personal usel. The code states as follows “The U.S. Code protects copyright owners from the unauthorized reproduction, adaptation or distribution of sound recordings, as well as certain digital performances to the public. In more general terms, it is considered legal for you to purchase a music CD and record (rip) it to MP3 files for your own use. Uploading these files via peer-to-peer networks would constitute a breach of the law.”

Although in the eyes of most downloaders and music fans, laws are still broken.  Illegal sites such as bit torrent which is file sharing between users instead of a central location, is a grey area, in wich laws may not protect.  While it is still illegal,  it has yet to be stopped, since it is sharing amongst people for “personal use”.  Although the act in-itself, downloading is illegal, once people own it the grey area begins.  That is where the  Recording industry of america  beings to decipher between, criminals and non-Criminals.

According to the RIAA the penalties for breaching the copyright act are different depending upon whether the it is for commercial or private financial gain. In the United States,   the online infringement of copyrighted music can be lead up to three years in prison and may include $250,000 in fines for committing the crime. Repeat offenders can be imprisoned up to six years.  Even those individuals who may not have gained any financial benefits  a may be held civilly liable for their actions. Regardless of whether the activity is for profit,  the act in itself will be reprimanded for actual damages and or lost profits and even r statutory damages. All these charges can lead  up to $150,000 per infringed copyright.   No small fee considering,  every song a  u download in the long run does hurt an artist.   The following,  the digital Millenium Copyright Act,  which as breaks down what is protected in music by the law. Its excpetions for using downloads are as follows on top of existing law

The Digital Millennium Copyright Act (DMCA) was signed into law by

1. Nonprofit library, archive and educational institution exception

(section 1201(d)). The prohibition on the act of circumvention of

access control measures is subject to an exception that permits

nonprofit libraries, archives and educational institutions to circumvent

solely for the purpose of making a good faith determination as to

whether they wish to obtain authorized access to the work.

2. Reverse engineering (section 1201(f)). This exception permits

circumvention, and the development of technological means for such

circumvention, by a person who has lawfully obtained a right to use a

copy of a computer program for the sole purpose of identifying and

analyzing elements of the program necessary to achieve interoperability

with other programs, to the extent that such acts are permitted under

copyright law.

3. Encryption research (section 1201(g)).  An exception for encryption

research permits circumvention of access control measures, and the development of the technological means to do so,

in order to identify flaws and vulnerabilities of encryption technologies.

4. Protection of minors (section 1201(h)). This exception allows a court

applying the prohibition to a component or part to consider the

necessity for its incorporation in technology that prevents access of

minors to material on the Internet.

5. Personal privacy (section 1201(i)).  This exception permits circumven-

tion when the technological measure, or the work it protects, is capable

of collecting or disseminating personally identifying information about

the online activities of a natural person.

6. Security testing (section 1201(j)).  This exception permits circumven-

tion of access control measures, and the development of technological

means for such circumvention, for the purpose of testing the security

of a computer, computer system or computer network, with the

authorization of its owner or operator.

Each of the exceptions has its own set of conditions on its applicability, which

are beyond the scope of this summary.

These six exceptions  allow people to utilize files downloading in any way they please,  and realize, all are without file sharing and through illegal means or  financial gain as well.  The ramifications, although enough to make most people no download illegally, torrent sites, and smaller versions of downloading programs are still illegal and still a problem.  Europe, which is home to some of the words most renown hackers,  has some countries taking a different approach to combating piracy of music online.  TNO, the European Telecommunications Network Operators Association has  launched a  Web site  to raise awareness about the content it offers legally through its network of members.   this is meant to decrease the amount of piracy occurring in Europe.   Even countries like France are threatening criminals and repeat offenders a  3 strike rule, where you lose all access to your internet.   Regardless, the internet and music has been a bittersweet partnership that has allowed artists to spread music, but perhaps at the cost of the money which is rightfully theirs.

Links

http://www.copyright.gov/legislation/dmca.pdf

http://www.articlebiz.com/article/312681-1-use-only-legal-music-downloads-say-no-to-piracy/

http://www.downloadinglegally.com/

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