Blurring the digital boundaries
Tuesday, 6 July 2010 Angela Kean
THERE is some confusion in this digital age as to whether the content we download and store on our computers is within legal boundaries or whether we are bordering on breaking the law. Many people may find themselves in breach of copyright laws without even being aware of it. SuperLiving looks at the finer points of Australia’s digital copyright laws to find out whether that new release movie or the music on your iPod could be breaking the law.
With the rise of the internet in the early 90s came a wave of uncertainty surrounding the copyright of content available to users worldwide.
While today there is still some level of uncertainty surrounding what is legal and what is not with respect to copying and downloading material from the internet, there are much more definitive copyright laws in place.
Many people may think they are downloading music, movies, television programs or software legally, when in fact they are not.
The biggest uncertainty lies with the use of peer-to-peer software and networks that allow users to “swap” files over the internet.
P2P networks search for shared files on the computers of users connected to the network and make them available to other users.
Napster was one of the first P2P file-sharing systems and there have been many since, including eDonkey, Kazaa and the more recent LimeWire.
Napster, Kazaa and LimeWire have all faced legal battles over their use of copyrighted content made available by users of their networks.
The latest court case against LimeWire, the largest remaining commercial P2P service, in which eight music publishers sued the company for massive copyright infringement has seen the P2P software provider reveal plans to launch a legitimate subscription-based music service.
However, the Recording Industry Association of America is still pushing for the site to be shut down after a US district court last month found LimeWire liable for encouraging widespread copyright theft in a separate lawsuit instigated by the RIAA.
According to the Australian Copyright Council, just because something is available via the internet does not mean that it can be copied or downloaded without infringing copyright.
The ACC said you might infringe copyright if you:
Upload or download pirated copies of a movie, song or software; or
Make songs, software, television programs or movies in which someone else owns copyright available from your computer over a P2P system or through the use of P2P software.
Legally, you should first obtain permission from a copyright owner to download content from an authorised website or via P2P software.
This will come in the form of either “express” or “implied” permissions.
Express permission can be obtained via a statement on a website outlining how you can use the content, for example for personal or non-commercial uses, or an email granting permission to use the material.
Implied permissions are more limited, usually restricting you to just printing a copy of the material or emailing it to a friend.
Legal MP3 downloads can be obtained via websites such as iTunes, chaosmusic.com or MP3.com.au and some television stations are starting to make programs available to download via their websites.
Some files are free to download, while others require payment.
The ACC warns people to be wary of statements on P2P sites that claim copying material over networks using their software is legal.
The council said these statements are not true and you will generally need permission to copy someone else’s material.
The best way to avoid blurring the lines between legal and illegal when it comes to downloading content off the internet is to steer clear of anything available free from third-party sources, low-quality material and content available before a published release date.
The ACC warns that if a site offers free copies of popular music or the latest movies from someone other than the copyright owner, there is a good chance the copies are pirated and you will infringe copyright if you download a copy.
Even if you legally download songs, movies, TV programs or software you also need to be wary of how you use them.
Copyright laws have been in place for many years preventing the illegal copying of music media.
Only since late 2006 has it been legal to make copies of recorded music for personal use to play on a device you own.
This means you are legally allowed to copy music you own on MP3, CD, cassette or record to your computer, portable music player, a blank CD to play in the car, a blank CD for a second CD player or a blank CD to keep as a backup.
You are allowed to “lend”, but not give, copies to people you live with, but not friends – unless they are part of your household.
You are not legally allowed to copy an MP3, CD, cassette or record owned by someone else or make copies of your MP3, CD, cassette or record for someone else.
It is also illegal for you to play a copy or original MP3, CD, cassette or record in public, such as at an office party, club function or community event.
It is important to make sure the music, movies, television programs or software you download is done so legitimately or else you may find yourself facing a lawsuit by the copyright owner.
Another important point to keep in mind is that it does not matter what country the content originated from as there are international treaties in place that protect foreign copyright owners in Australia and Australian copyright owners in other countries.
For more information on copyright visit the Australian Copyright Council website.
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