Downloading illegally
Illegal software will usually be related in terms of pirated or counterfeited copies. This entails copying legal software by physically transferring the legal software onto a disk or computer, or downloading it from another source. Even if the copies that are made are not intended to be sold illegally for a profit and are only for personal use can still be considered illegal software. In the United States, there is fair use protection, which will allow for copies to be made of legal software to be given away in a restricted and controlled manner.
However, there are strict guidelines which dictate how such distribution and copying is to be done. Illegal software is probably most commonly obtained through internet sharing via peer-to-peer networks. Regardless as to how the illegal software is to be used, if it is downloaded illegally, it will be in violation of copyright laws and considered infringement. Illegal movie downloads have been a growing concern for the movie industry, particularly in the past ten years. The technology for faster internet connections now in place makes it quite an easy procedure to download movies illegally from the internet.
An illegal movie download can be said to be any download of a movie that is not legally allowed or permitted by the copyright owner. This could mean that downloading a movie for personal use, even if it is not meant to be distributed or sold, can still be considered to be an illegal movie download.
Furthermore, there have been issues in which movies that have yet been publicly released in the theaters are leaked on the internet. Downloading a movie not publicly released is an illegal movie download and will have serious legal consequences if ever apprehended. Illegal movie downloads pose a problem because it certainly affects all aspects of the movie industry. In the current day, one of the biggest revenue sources for the movie industry is DVD sales.
If people continue to commit illegal movie downloads, such revenue is bound to be impacted in a negative way. Any movie that is available on the internet to be downloaded at no charge can be considered to be an illegal movie download and should be avoided. However, there are services online that allow for legal downloading of movies, though they must be purchased. It will be rare that a movie download for free will fall within the constraints of copyright laws, and thus, should not be considered as a legal act.
Caution Android Users: Malware Alert. So what could happen if you are caught illegally downloading music, films or television shows? Downloading a song, film or television programme without paying for it is a breach of copyright.
In the UK, the Copyright, Designs and Patents Act currently protects copyrighted materials and if you download or distribute copyrighted files without permission you could potentially face a civil action for thousands of pounds of damages. In the UK, illegal downloading can also lead to a criminal conviction if the downloader is caught making copies for the purpose of selling or hiring them to others.
The most serious cases may be sent to the Crown Court, which has the power to impose an unlimited fine and up to 10 years' imprisonment. Consequently, only a small percentage of those people who have illegally downloaded and distributed copyrighted material have faced action under the existing laws. The U. 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 only. Uploading these files via peer-to-peer networks would constitute a breach of the law. In the United States if you copy or distribute copyrighted music you can be prosecuted in criminal court or sued for damages in civil court. One of the big issues concerning the music industry is, of course, the revenue loss.
In theory, if a person is able to download his or her favorite music off the Internet, that person would not need to purchase the CD at a local music store. Every story you read will most likely produce a different set of numbers the music industry claims it has lost due to music downloading.
The most common average of numbers seems to sit around a loss of 20 percent globally in sales since Organizations that support music sharing and downloading however have thrown a wrench into the statistics released by the music industry as they suggest some of these losses are due to a bad economy and fewer 'new releases' hitting the market in some of those years.
It is obvious that the music industry has to be losing some money due to Internet music file sharing, but finding the exact amount lost due to music downloading isn't so simple. One thing that is for certain however is that the loss affects the industry, the musicians, and even sound technicians, recording studios, and music stores.
The music industry and even some musicians who feel they are taking a loss due to the sharing of their copy-protected works online have started fighting back, so to speak.
In recent months there have been more cases of music piracy heading to the courts. From the creators of peer-to-peer and music sharing program authors, to individual users uploading and sharing copy-protected works online, more people are finding themselves in court trying to avoid paying monetary damages and trying to prove that what they are doing is in fact, fair use.
As mentioned earlier, accusers will ask for compensation that makes up for the lost income. In addition, they will attempt to make you pay for each record after you download songs illegally or install pirated versions of videos. If you show that you only downloaded the material for personal use, the amount that you have to compensate the record holder with may significantly drop. Secondly, identify the platform that you used to download the music or videos. For example, if the content was on YouTube, the prosecutor will only make cents in ad revenues each time you play the song.
Because of this, their lost income from YouTube or other ad-paying platforms will be relatively small. However, if you download songs illegally from sources that require you to pay such as iTunes , then they may ask you to pay them back the cost of each song.
Above all else, you should make sure that everything is organized and well-documented. After all, the longer the case becomes, the more legal expenses and damages that you have to incur. In certain circumstances, you may still defend yourself even if the evidence of piracy is strong. Under United States federal law, the statute of limitations on copyright infringement is only three years.
That is to say, prosecutors cannot sue you if you illegally downloaded a song or movie more than three years ago. Equally as important, you may rely on the fair use doctrine as a defense. However, this is only the case if you used the copyrighted content for educational or informative purposes.
The fair use doctrine is exempt from illegal downloading laws. Yet keep in mind that you need to provide sufficient evidence that you used the copyrighted material for an educational or charitable purpose.
Otherwise, the fair use doctrine will not help your case. Keep in mind that most piracy cases are civil and not criminal. Yet when someone attempts to distribute or sell copyrighted material, they will very likely face criminal felony charges. It is important to remember that the statute of limitations for civil charges is only three years.
In criminal cases, on the other hand, prosecutors can sue you for up to five years after you download songs illegally or make pirated copies of videos. Both the prison sentence and fines are much harsher for criminal copyright law violations. Additionally, the government, rather than the record holder, might act as the prosecutor. In those instances, your first step should be to understand whether you are charged with violating state or federal illegal downloading laws or both.
If your state is filing charges, then it is crucial to know how piracy is defined and the punishment for it. Some states, such as Michigan, have an expanded list of crimes that constitute copyright infringement porch piracy, for instance.
Here, finding a local attorney is a must. However, even if your trial is in a federal court, a lawyer that specializes in copyright law may provide you with a variety of defenses and options. There are two aspects that determine whether or not the federal government will file felony charges against copyright infringers.
Firstly, the scope of the violation. Secondly, the strength of the case. To clarify, federal authorities will not prosecute criminal offenders unless they commit a serious violation such as selling or distributing pirated materials.
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