18. Is it legal to use network file swapping or (peer-to-peer; P2P) software to download audiovisual works of others? What legal penalties may be imposed?
Using software provided by software firms to swap music not only involves the above issues of downloading (reproducing), but also involves making copyrighted files stored on one's own computer available for downloading by other Internet users. This act of "making available to the public" constitutes "public transmission" under the Copyright Act. Unless "fair use" standards are met, it is an illegal act if done without first obtaining consent or licensing from the copyright owner. Publicly transmitting works of others over the Internet has far-reaching effects and ramifications, and it can easily constitute infringement, as the scope of permissible "fair use" is very limited.
- Publish Date : 2008-04-24
- Update : 2008-04-24
- Organization : International Affairs and Planning Division
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