Legal Question in Intellectual Property in New York
Hello, I'm looking into joining a social network. I love music and would love to share my music with friends and family on the web. I sinmply want to be able to upload my mp3's and listen to them while online and allow my family and friends to listen to them as well. There will not be any download. I've heard many arguments about what it's legal and what's not when it comes to music online. I'd like for once to know if I could do this. Thank you.
2 Answers from Attorneys
A finding of copyright infringement requires (1) a valid copyright (which published music can easily demonstrate) and (2) a "substantially similar" copy (which an electronic copy of any form, especially one posted on the internet, provides). A finding of infringement subjects the infringer to a money judgment against them that can range from as little as $750 to as much as $90,000 or more plus attorneys' fees (for your opponent's attorney as well as for your own) and court costs per infringing work.
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To take the above one step further, it is flatly illegal to use copyrighted music on a social networking website or any other without a proper license from the copyright owner. This isn't a "there are differing views" issue - there's no debate about it.
Even if you were to attempt to fight against an infringement suit, would you want to pay the legal costs and deal with the headache of the court battle?
What you're considering doing, frankly, is nothing more than stealing the work of others, people who have created the copyrighted work. If you steal their product without a license you put yourself at risk of facing the penalties that Ms. Delain outlined.