Legal Question in Entertainment Law in Texas

Internet download COPYRIGHT laws

I recently was contacted by web police because I had downloaded music on Aimster. This program is similar to Napster where music can be searched by keyword and downloaded to your computer. The music I downloaded is copyrighted by SONY music and I want to know what can come of this. The files were downloaded from a university computer at my work.


Asked on 10/08/01, 6:28 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Internet download COPYRIGHT laws

Since you appear to confess to willful copyright infringement, you could be liable for statutory damages of up to $150,000. The statute (17 USC 504)provides:

"(c) Statutory Damages. -

(1) Except as provided by clause (2) of this subsection, the

copyright owner may elect, at any time before final judgment is

rendered, to recover, instead of actual damages and profits, an

award of statutory damages for all infringements involved in the

action, with respect to any one work, for which any one infringer

is liable individually, or for which any two or more infringers

are liable jointly and severally, in a sum of not less than $750

or more than $30,000 as the court considers just. For the

purposes of this subsection, all the parts of a compilation or

derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of

proving, and the court finds, that infringement was committed

willfully, the court in its discretion may increase the award of

statutory damages to a sum of not more than $150,000. . ."

That is for each different instance of infringement.

In addition you could be liable for attorney fees and costs, which could also be enormous.

This is serious business if the copyright owner wants to come after you. Stealing from musicians and record labels is also morally wrong, as I am confident you know.

Probably, the copyright owner just wants to scare you into stopping, wants you to get alarmed and complain to Aimster, and will primarily go after Aimster directly. But, you need to know the potential for a huge judgment against you does exist.

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Answered on 11/21/01, 4:19 pm


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