Frequently Asked Questions (FAQ’s) About the Downloading of Music

Why can’t I share music with my friends?
If you were an artist would you want to give your musical creations away for free? Every time you take a CD/ DVD and burn a copy for your friends you are committing copyright infringement. What that means is, the artist or company holds the copyright and is the only one that can reproduce, or give authority to reproduce, their music or videos. If you do not have the explicit permission of the artist or company in writing, you may not copy and share copyrighted music.

Is it illegal to copy a song from a CD/DVD I purchased and share it with my friends and family?
The short answer is “yes.” Most CD/DVD’s these days are encrypted to prevent copying; however there are programs available to get around the encrypting and make copying a possibility. The use of these programs can also be illegal.

Is it illegal to copy a CD/DVD I purchased and put it on my iPod or other portable music device? 
No, if you have purchased the CD or music content for personal use and are only loading it on your personal portable music device and/or computer and do not intend on sharing the music with others, it is not illegal.

If I go to a web site that offers “free” downloads, how do I know it is a legal download site?
The web addresses for several legitimate sites offering music for download are provided on the downloading Web page for you to evaluate and use. It is best to assume that downloads offered on a “free” site not recommended on a reputable site dealing with music could be illegal. Free download and peer-sharing sites are not to be confused with website promotional offers where you receive a specific amount of “free” downloads when you meet the requirements of the promotion.  It is always advisable to research any music download site to find out if downloads offered are legal. Most legitimate music download sites require a fee per download.

What is file sharing?
File sharing is a means of acquiring a file, in this instance a song or songs, typically by using a peer-to-peer network. Peer-to-peer networks like LimeWire, eDonkey or Gnutella, distribute file-sharing software which allows users access to search millions of other network users computers for the files they are looking for. To the extent that a file sharing network deprives the copyright holder of payment for their works it allows copyright infringement. Peer-to-peer networks have also proven to be an easy way to infect your computer with a virus.

What is a copyright?
According to the Government Web site (http://www.copyright.gov) relating to copyright issues, it describes Copyright as:

“Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do, and to authorize others to do, the following:
• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
• In the case of sound recordings,* to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, see Circular 40, Copyright Registration for Works of the Visual Arts.”

What can be copyrighted?

According to the U.S. Copyright office, http://www.copyright.gov/:

§ 102. Subject matter of copyright: In general

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Retrieved and copied from http://www.copyright.gov/circs/circ1.pdf.  Please visit this web page for further information.

What is copyright infringement?
Examples of copyright infringement include outright plagiarism of a poem or article, use of all or a portion of a song or lyric, and duplication of a protected image. Copyright infringement is any unauthorized use of a copyrighted work not to include fair use (see below). The holder of the copyright may file a law suit to stop the infringement and may also sue for damages for loss of revenue due to the infringement.

What is Fair Use?
Section 107 of the U.S. Copyright Law contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

It should be noted that the distinction between fair use and infringement is not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

For further information on Fair Use, go to these links:
http://www.copyright.gov/title17/92chap1.html#107
http://www.copyright.gov/fls/fl102.pdf

What is the Digital Millennium Copyright Act (DMCA), and how does it affect me?
The Digital Millennium Copyright Act (DMCA) became a law in 1998 as an amendment to Title 17 and added provisions to U.S. Copyright Law. This act makes it illegal to circumvent anti-piracy measures that are in place in most commercial software.

Can the University find out if I am downloading material illegally?
Yes. The University has mechanisms in place for the reporting and discovery of illegal use of its computing resources, and has the ability to trace the illegal use to specific individuals and computers.

What will happen to a student if APSU becomes aware of illegal downloading?
Violation of APSU’s policy prohibiting illegal downloading may result in the termination of an infringer’s ability to utilize computers and computer resources located on the University’s campus. This includes University Ethernet and wireless access for personally owned computers as well. Other disciplinary actions may also be taken.

Below are links to applicable policies, laws and other resources related to illegal downloading and copyright issues:

APSU Student Code of Conduct:
http://www.apsu.edu/student_affairs/judicial1.htm
APSU Policies on Acceptable Use of Information Technology Resources:
http://www.apsu.edu/policy/pdf/4032.pdf http://www.apsu.edu/policy/pdf/4033.pdf
Tennessee Code 49-7-142 pertaining to Policy and deterrents to copyright infringement
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode
Government Copyright Law:
http://www.copyright.gov/
http://www.copyright.gov/title17/
Recording Industry Association of America (RIAA):
http://riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law
The Motion Picture Association of America (MPAA):
http://mpaa.org/piracy.asp
Welcome to The Publishing Law Center:
http://www.publaw.com/
Images:
http://www.loc.gov/rr/print/195_copr.html
International Copyright Relations of the United States
http://www.copyright.gov/circs/circ38a.pdf
Copyright search:
http://www.copyright.gov/records/