Internet File Sharing

As most students know by now, record and motion picture companies are suing college students across the country for downloading and sharing music and movie files without the copyright holder’s permission.  

So what does this mean, exactly? 

It means that when you download music and movie files from the internet, unless you know for sure that the file isn’t copyrighted, or receive permission from the copyright holder, you are taking a big chance, and can safely assume you are committing copyright infringement.   

Downloading or distributing copyrighted material without the express permission of the copyright owner is copyright infringement, and is against the law.  Unless you receive actual express permission from the copyright owner, assume you do not have permission to download or share the file. 

If you illegally download or share copyrighted material such as music or movie files, you could face legal action from the owner of the copyright for the work, which could mean many thousands of dollars in fines, as well as university disciplinary action. 

Does it matter that you didn’t know you were “sharing” the file? 

No, it doesn’t.  Copyright infringement under federal law does not require intent, or even knowledge, on the part of the alleged infringer.  Also, keep in mind that simply downloading a music or movie file without permission, whether it’s shared, or not, is illegal.  And again, if you share such a file without permission, whether you knew or intended to share it, or not, you can be held liable for copyright infringement under federal copyright law. 

Because programs such as Limewire, BitTorrent and Grokster are designed to allow for the sharing of files pretty much automatically-that’s why they’re called “peer-to-peer” programs-whenever you download a file using their software, it’s probably going to be stored so that it can be accessed by anyone else having that software. 

Many of the files found on such sites are made available for downloading and sharing without the copyright holder’s permission.  To protect themselves from liability, Limewire and other such peer-to-peer programs include a disclaimer stating that they do not condone copyright infringement, and disclaiming any liability for downloading and sharing of files in violation of copyright law.  In other words, they are making such files available to their users, but disclaim any copyright infringement liability which might result from files being downloaded and shared without the copyright holder’s permission. 

Again, by downloading and sharing a file you should assume you are committing copyright infringement, unless you have clear and express permission from the copyright holder. 

How do people get caught, and why is I.U. being targeted? 

The Recording Industry of America (RIAA), a trade group made up of record labels such as Sony and RCA, is leading the charge in targeting university and college students in an attempt to curb what it deems to be illegal file sharing.  

The RIAA and other copyright holders use automated methods to identify infringements, and even small amounts of sharing can be detected and tracked to students’ IP addresses.

The IP (Internet Protocol) address is assigned to each user by the ISP (Internet Service Provider).  In our case, Indiana University is the ISP, which has assigned every student using its system an IP address. 

I.U. and other colleges and universities across the country are easy targets for the detection of illegal file sharing.  Why?  For a couple of reasons.  First, university and college ISP’s tend to provide internet access at very high speeds, which facilitates quick and easy downloading and sharing of files.  Second, college students are the demographic most likely to take advantage of free downloading and sharing of files.  It’s like shooting fish in a barrel.  (If you’ve never heard that before, check out SlangCity.com.  The author is of a different demographic).  So I.U. isn’t the only university being targeted. 

The bottom line is that if you download music and movie files, you’re probably breaking the law and setting yourself up for, at best, a costly settlement and, at worst, a very costly civil lawsuit.  

How costly will it be if you’re caught committing copyright infringement? 

Very.  Currently, the RIAA is seeking $750.00 per illegally downloaded file in cases that don’t settle before a complaint is filed in federal court.  Thus, if you download only ten songs, you may be responsible for $7,500.00. 

In the cases we have seen at Student Legal Services, our clients have been caught or accused of illegally downloading and sharing about 1,700 files, on average, per client.  At $750.00 per file, we’re talking a huge amount of money. 

Then there is the settlement process, which isn’t cheap either.  

The Settlement Process and Pre-Litigation Notices

After the RIAA detects infringing activity, they will send I.U., as the ISP, a notice of the alleged infringement.  The notice will include the IP address of the alleged infringer.  This is the pre-litigation notice. 

The pre-litigation notice is sent to I.U. because the only identifying information on the alleged infringer the RIAA has at this point is the individual’s IP address.  After I.U. receives the notice, it will forward it by email to the student assigned that IP address.   

The pre-litigation notice includes the following information:

1. The peer-to-peer network (i.e. Limewire, Grokster) on which the alleged infringing activity was detected;
2. The number of audio files found to have been illegally distributed;
3. An enclosure with a sampling of the audio files found to have been distributed;
4. An offer to settle within 20 days of the date of the letter;
5. A telephone number and website address to use if you decide to settle;
6. An explanation of the statutory damages available to the RIAA under federal copyright law should you decide not to settle; and
7. An instruction not to delete or otherwise destroy any evidence of downloaded and shared music files, and the peer-to-peer programs used to download and share the files.

The pre-litigation notice does not include a specific amount to settle the case.  This is because the initial settlement amount is based, in part, on the total number of files the RIAA claims the individual illegally shared.  The more files shared, the greater the settlement amount.  For example, an individual who has shared 1,700 files will probably be offered a lower settlement price than an individual who has shared 3,000 files. 

Settlements are typically between $3,000 and $5,000, which is substantially less than the fines copyright infringers could be liable for under the federal law on copyright if the case isn’t settled.  For most people, the best and cheapest option will be to settle with the RIAA. 

However, if you receive a pre-litigation letter, contact I.U. Student Legal Services immediately!  We can go over your situation with you, answer your questions about copyright infringement, and give you advice on what your options are.  Again, YOU HAVE ONLY 20 DAYS TO SETTLE FOR THE MINIMUM AMOUNT.  IF YOU WAIT, THE SETTLEMENT AMOUNT GOES UP.