Legal Question in Intellectual Property in New York
Copyright infringement on bit torrent websites
We run an indie record company and are having trouble keeping up with all the bit torrent sites online which pirate anything and everything and put it out there for free download. Some have responded to our requests for removal, others are beyond rude and just laugh at us and send really snotty emails to let us know how stupid we are for even trying. I know there must be biggies like the RIAA or MPAA or someone trying to put these nasty pricks out of business but I see very little that I can do as a small business owner. The two really killing me right now are in Canada & Sweden and delight in crowing that they do not have to abide by DCMA rules. One has me jumping through flaming hoops to provide exacting info on the infriging content complete with my search terms used to find them on his own site accompanied by a formal DCMA complaint via email & post to a US address using a forwarding service. A little research has coughed up the NET Act but I don't see how this applies outside the US. What real course of action do I have against these folks internationally? Some have membership fees but many do not, leaving me to wonder why they do it. I think for the sheer heck of it as they are mostly rude and very childish. Weird. -Sam
1 Answer from Attorneys
Re: Copyright infringement on bit torrent websites
It *is* an extremely frustrating situation, and it isn't limited to small sites run by amateurs. Both organizations like the RIAA and the performers' unions, including AFTRA, are actively working to protect the revenue streams from both traditional and digital sales of music.
There are some concrete steps that can be taken, whether the sites are in the U.S. or overseas. A number of Russian sites that were engaging in precisely this type of activity have been shut down. Of course, more crop up...
I'd be happy to discuss the situation with you further, both as an attorney and as someone who sits on the Board of Directors of AFTRA.
Feel free to call or e-mail.
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