Legal Question in Intellectual Property in Kentucky
Is it legal to download mp3 files from Youtube, specifically music files?
1 Answer from Attorneys
A download creates a duplicate (which has been characterized as a "copy" and as a "derivative work") of the file, which, when done without the written permission of the copyright holder, is an infringement of that individual's copyright. See 17 USC 106 at http://www.gpo.gov/fdsys/pkg/USCODE-2011-title17/html/USCODE-2011-title17-chap1-sec106.htm . Also see 17 USC 501 at http://www.gpo.gov/fdsys/pkg/USCODE-2011-title17/html/USCODE-2011-title17-chap5-sec501.htm
Do such downloads happen? Frequently. Are the infringed copyrights enforced? Sometimes.
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