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Homeright arrow.Federal Statutesright arrow.Copyrightright arrow.Music Violations
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Violations of Music Copyright

If not authorized by the sound recording's copyright owners, you may violate their rights under federal law by:

  • Making a copy of all or a portion of a sound recording onto a computer hard drive, server, or other hardware used in connection with a Web site or other on-line forum. This includes converting a sound recording into a file format (such as a WAV or MP3 file) and saving it onto a hard drive or server
  • Transmitting a copy or permitting users to download sound recordings from a site or other forum
  • Digitally transmitting to another user--at that user's request--a particular sound recording chosen by or on behalf of the one requesting it

The technology to compress music recordings into sound files that can be easily uploaded and downloaded involve the format MP3. Unlike the larger WAV files MP3 files are far more compact, yet retain an excellent sound quality.

MP3 technology allows you to compress sound files so that approximately 60 minutes of music can be stored on 32MB of computer memory. This distribution of MP3 files is an infringement unless authorized by the respective copyright owners, most of which have been discussed here. It is well known that Internet sites that allow the copying, transfer, or sale of unauthorized MP3s have been subject to lawsuits from the recording industry (most notably, MP3.com and Napster.com). Large site or small, don't let your site be one of these. The judges rejected fair-use arguments and found that the Web sites in the suits dealt in unauthorized recordings.

This technology has made it possible for anyone on the Web to copy individual songs or even whole albums into their own computer system for free. The downside to this is the cold, hard fact that, unless the creators of these sites get permission from the individuals or companies who own the copyrights to the music, they are breaking the law. Also in violation is everyone who downloads such a file. The term SOUNDBYTING has begun to be used to describe this type of copyright violation.

While, on the surface, this exchange of music might seem harmless enough, but like other copyright violations--and stealing in general--it eventually results in more and stricter regulations and higher prices for the consumer. Piracy hurts everybody and is a contemptible way to use such a wonderful new technology.

See the table below on copyright myths for more information on music copyright.


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Updated July 9, 2003