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Are Music Downloads Illegal?

As noted in the January 2005 issue of Case.edu, odds are that if you download copyrighted music without paying for it - such as from a peer to peer site - you may be violating both federal copyright laws and Case policies. Federal law prohibits the unauthorized reproduction, adaptation or distribution of sound recordings and other copyrighted materials.

You should know that neither the fact that technology makes sharing files easy to do, nor the fact that you do it for free, nor the fact that you are "publicizing" the artists in the process is a viable defense to a copyright infringement suit. Should one of the industry enforcement organizations, such as the MPAA or RIAA, initiate legal action, it will be against the individual user and not the University. In order to avoid this risk, you should adhere to federal laws and university policies when downloading music.

A number of web-based music distributors such as iTunes offer legal access to copyrighted music. These sites - which allow you to sample the music before you purchase it -- offer a vast selection of singles and albums which can be purchased on-line and then legally downloaded for your personal use.

Note that it is also generally considered fair and reasonable for you to rip (a.k.a. record) your personal music CDs (which you own) to your computer and subsequently transfer these songs to your MP3 player (like an iPod). But the legality of these activities is not free from doubt, and it is possible that some of these activities may infringe copyrights.

There also exist a number of web sites that permit legal downloading of free music. Some of these sites feature aspiring new artists who seek publicity for their work. Many others claim to be legal, but you should take care to read the very fine print that typically accompanies these sites.

If you would like to learn more about the law in this area and copyright in general, you can find good information at the following websites: