Hey Everyone,
Uni's are really cracking down on piracy of all forms nowadays so everyone should really be careful of what they download and where they get it from.
Below i have included parts of a paper i wrote on piracy for Crim Law.
if u cant be bothered reading the whole thing, ill just put down a few FAQ
Most people know bits and pieces about the law regarding it...so here's a bit more info..
Q) is youtube illegal?
A) Yes and No - if the file was uploaded by warnerbrothers and its a trailer for a movie then you can watch it all you want- therefore- not Illegal.
However if 'Koolperson2342' or some other user uploads a movie trailer which they dont have rights to then Yes it is 'illegal'.
Q) is saving a youtube file to my computer illegal?
A) Yes- 'streamripping' is illegal - the content is made for streaming purposes and 'temporary reproductions' only - what your doing is making a 'permanent' copy.
Q) is torrenting illegal?
No - the use of torrenting programs is NOT illegal - what you download with it is.
E.G if Jay Z releases an album and that album is protected by copyright then Yes it is illegal.
HOWEVER - if an artist such as immortal technique has the album on his site and you download it - then this is not illegal.
Q) how do i know if its copyright?
A) If its a big name artist chances are very likely to a 'guarantee' that the music/movie is copyright protected. Unless there has been an expression of permission.
If you guys have any more questions ill be happy to answer (or try) and answer them!
Below i've included bits and pieces of my paper- enjoy !
Definitions
Before one continues it is essential to first come into terms with the words used in legislation and by relevant authorities. “Downloading” is the transferring or retrieval of data from one computer to another or from one hard disk to another, in its broad definition – every action of email checking, copying files to your mp3 player (i.e Ipod), watching ‘Youtube’ videos and browsing websites is in fact an act of downloading.
The Copyright (Amendment) Digital Agenda Act 2000 was introduced to amend the
Copyright Act 1968 (Cth). The amendment does not specifically refer to the word ‘downloading’ per se. Instead the definition enshrined in the Act is broad enough to encompass a variety of ‘downloading methods’. Section 10 of The Copyright Act 1968 (Cth) has been amended to include the concept of ‘downloading’ within its definition of the term “Communicate”.
“Communicate means make available online or electronically
Transmit (whether over a path, or a combination of paths, provided
By a material substance or otherwise) a work or other
Subject-matter, including a performance or live performance within
The meaning of this Act.”
Downloading:
The Means – the ‘Pirates Method’
Limewire, Bitorrent, Rapidshare, other peer-to-peer and Local Area Network sharing are all various forms of file sharing techniques users are able to harness and use. All the file sharing systems have two things in common – they are all legal forms of file sharing – yet they account for the highest proportion of illegal internet music downloads.
Under the Copyright Act 1968 there is reference to ‘circumvention services’.
"circumvention service" for a technological protection measure means a service that:
(a) is promoted, advertised or marketed as having the purpose or use of circumventing the technological protection measure; or
(b) has only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention of the technological protection measure; or
(c) is primarily or solely designed or produced to enable or facilitate the circumvention of the technological protection measure.
By simply observing the ‘Limewire’ file sharing website and reading the ‘About’ section, it states that:
Copyright Infringement
Copyright laws and laws pertaining to patents and inventions protect original works of authorship and inventions. Individuals who reproduce, distribute copies, receive copies, publicly perform or display works or inventions other than their own and without the consent of the owners or holders of rights, or their authorized agents, in original works of authorship or inventions, may be in violation of copyright, patent or other intellectual property infringement. Lime Wire LLC does not encourage or condone the illegal copying of copyrighted material.
Limewire has not promoted itself as an advocate of piracy, it also has other purposes than simply infringing copyright and it was designed for legal file-sharing- therefore it does not fulfil the requirements of it being a ‘circumvention service’. As a result the use of Limewire along with other file sharing programs is legal- It is essential to not simply analyse the means but instead – analyse the content.
If the files have been placed in file sharing systems with the permission of the rightful owner or under certain Creative Commons Licenses (CCL) then the distribution of such files becomes legal and as a result the use of Limewire or Bittorrent is legitimized.
If the content was uploaded illegally and without the permission of the rightful copyright owner, then the distributor can be charged under section 132 of the Copyright Act 1968 (Cth).
Youtube & Temporary downloading
A prime example of the rapidly changing internet environment and evolution of policy is the role of Youtube and internet music piracy. The Copyright Amendment (Digital Agenda) Act 2000 introduced a new section 43A- temporary reproduction made in the course of communication.
The concept behind Youtube is that users upload videos and other people are able to stream the videos. The word stream needs to be heavily emphasized. As long as the temporary copy is made onto a hard drive and cannot be retrieved after watching a video then there has been no breach of copyright. Copyright Act 1968 (Cth) refers to ‘temporary reproductions’.
Another point to further reiterate the legality of Youtube, was in a statement made by Justice Northrop in the Autodesk Inc v Dyason case where he stated that reproduction on a screen is not an infringement of copyright- he compared it to the equivalent of flicking through pages of a book in a library. Subsection (1) reinforces the point that streaming of material is not a breach of copyright; however, in subsection (2) it states that subsection (1) will only be true if the content being viewed was not infringing any copyrights itself.
Penalties
The penalties that result from copyright infringement can possibly be substantial.
Copyright Infringement is a criminal matter – courtesy of the Copyright Act 1968 (Cth).
The primary civil remedy is damages under section 115(2) of the Act. Those damages are intended to compensate the copyright owner for economic loss suffered through infringement by the defendant. The scale of damages is dependent on the facts of each case, although commonly it is the fee that the copyright owner might of reasonably have charged for the use which defendant made of the work and loss of sales suffered by the owner. With music and film file-sharing the latter potentially involves damages of millions of dollars.
Section 115(2) is not the only section which deals with the consequences that arise as a result of copyright infringement. Section 132 and its various subsections all explain the various consequences as a result of copyright infringement as well.
Section 115(3) also takes into account the honest and reasonable grounds that the defendant believed they were not infringing copyright. In such a situation the copyright owner is not entitled to sue for damages “but is entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.”
If the courts suspect that the defendant acted in flagrant disregard of the right of the copyright owner, or obtained substantial financial benefit or converted the work from analogue to digital format then the court can award additional damages.
Criminal penalties can apply when an individual/organisation:
• sells or lets for hire
• by way of trade offers or exposes for sale or hire
• imports into Australia for the purpose of distributing for trade or any other purpose to an extent that will affect prejudicially the owner of copyright
An article that the person knows or ought to reasonably know is an infringing copy of a work or other subject matter in which copyright subsists. It is important to recognise that criminal liability can arise without the need for money to be exchanged.
The maximum penalty for an individual guilty of a criminal offence is $60,500 or five years imprisonment in respect of each infringing article. A corporation may be fined up to $302,500 regarding each infringement.
The quintessential problem with the restrictions placed copyright infringements is that it is hard to control and govern, the vast space in which the internet moves through unprotected borders it has become difficult to put an end to such activities. Another issue is that if the enforcement agencies were to have a complete crackdown on such activities then most if not all adolescents between the ages of 16-24 would be behind bars or in debt of up to millions of dollars. Societies are still in a state of ignorance, a state in which they believe that their actions are doing no harm to artists- however it is only a matter of time that reality will sink in and the consequences of their actions will be noticed.
BTW - this paper may not be copied, reproduced or reprinted in any shape or form - be it temporary or permanent without the owners rightful permission
Cheers guys
Enjoy !
