Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Downloading Copyrighted Songs on File-Sharing Network Is Not 'Fair Use'
In an important decision interpreting the fair use provision of the Copyright Act (17 U.S.C. '107), the U.S. Court of Appeals for the Seventh Circuit recently held that downloading full copies of copyrighted material without compensation to authors cannot be deemed “fair use.” In BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005), Judge Frank H. Easterbrook, writing for a unanimous three-judge panel, rejected the defendant's argument that she was immune from liability because she was merely sampling songs that she had downloaded from the KaZaA file-sharing network on a “try-before-you-buy basis.”
Although the recording industry has filed hundreds of complaints against users of KaZaA and similar peer-to-peer file-sharing networks, many of those cases have settled or remain tied up in district courts. Gonzalez is the first such case to reach the appellate level and result in an opinion directly addressing the issue of whether downloading music through those networks qualifies as a “fair use” under the Copyright Act.
Defendant Cecilia Gonzalez acknowledged that she downloaded more than 1370 copyrighted songs during a few weeks and kept them on her computer until she was caught. Gonzalez claimed that she owned compact discs that contained some of the songs before she downloaded them, and that she purchased others later. She conceded, however, that she never owned legitimate copies of 30 songs that she downloaded, and the plaintiff recording companies moved for summary judgment as to those 30 songs. That motion was granted by Judge Blanche M. Manning of the U.S. District Court for the Northern District of Illinois, BMG Music v. Gonzalez, Case No. 03 CV 6276, 2005 WL 106592, 2005 U.S. Dist. LEXIS 910 (N.D. Ill. Jan. 7, 2005). The district court enjoined Gonzalez from further infringement and also awarded the recording companies $22,500 in statutory damages.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?