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What is piracy?


Why is piracy illegal?

Counterfeit and genuine product how to spot the difference

The term of piracy is generally used to describe the deliberate infringement of copyright on a commercial scale. In relation to the music industry it refers to unauthorised copying and, in this context, falls into 4 categories:

Physical music piracy
Physical music piracy is the making or distribution of copies of sound recordings on physical carriers without the permission of the rights owner. The term "piracy" refers to activities that are of a commercial nature, including activities that cause commercial harm. The packaging of pirate copies may or may not be different from the original. Pirate copies are often compilations, such as the "greatest hits" of a specific artist, or a collection of a specific genre, such as dance tracks.

Counterfeits are one type of physical piracy - These are recordings made without required permission, which are packaged to resemble the original as closely as possible. The original artwork is reproduced, as well as trademarks and logos in some cases, and IS likely to mislead the consumer into believing that they are buying a genuine legitimate product.

Bootlegs are the unauthorised recordings of live or broadcast performances. They are duplicated and sold sometimes at a premium price - without the permission of the artist, composer or record company.

Internet Piracy
"Internet piracy" is commonly used to refer to a variety of unauthorised uses of music or other creative content on the internet. "Internet piracy" refers in particular to acts of infringements on the internet that are of a commercial nature - not necessarily due to the motivation of the perpetrator. While some internet pirates generate income from their activity, many people engage in such acts for other, non-commercial reasons - and they all can cause enormous commercial damage. The term is also often used to refer more generally to any use of creative content on the Internet that violates copyright, whether via websites, P2P networks, or other means.

"Illegal Music" redirects here. For the record label, see Illegal Musik.

1 Countries where sharing files without profit is legal ○ • • • 5. Copyright infringement is the unauthorized or prohibited use of works under copyright. when copyright registration formalities were still required in the US. such as the right to reproduce or perform the copyrighted work.An advertisement for copyright and patent preparation services from 1906. Contents [hide] • • • • • 1 Piracy 2 Theft 3 Enforcement responsibility 4 Criminal liability 5 Online intermediary liability ○ 5. infringing the copyright holder's exclusive rights. or to make derivative works.2 Russian law 6 See also 7 References 8 Further reading .

United States (1985) that bootleg phonorecords did not constitute stolen property and that "interference with copyright does not easily equate with theft."[2] [edit]Theft An unskippable anti-piracy film included on some movie DVDs equates copyright infringement with theft. Those who violated the charter were labelled pirates as early as 1603. 'an infringer of the copyright."[4] Piracy traditionally refers to acts intentionally committed for financial gain.[2] Article 12 of the 1886 Berne Convention for the Protection of Literary and Artistic Works uses the term "piracy" in relation to copyright infringement..[6] [edit]Enforcement responsibility The enforcement of copyright is the responsibility of the copyright holder. is taken over the copyright. the Stationers' Company of London in 1557 received a Royal Charter giving the company a monopoly on publication and tasking it with enforcing the charter. as "piracy.[1] After the establishment of copyright law with the 1709 Statute of Anne in Britain. but no control.. infringement does not refer to actual theft. nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights held. particularly in relation to peer-to-peer file sharing networks. for instance. though more recently. copyright holders have described online copyright infringement.[5] Courts have distinguished between copyright infringement and theft. holding.• 9 External links [edit]Piracy The practice of labelling the infringement of exclusive rights in creative works as "piracy" predates statutory copyright law. the term "piracy" has been used to refer to the unauthorized manufacturing and selling of works in copyright. Prior to the Statute of Anne 1709."[3] Article 61 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires criminal procedures and penalties in cases of "wilful trademark counterfeiting or copyright piracy on a commercial scale. Copyright holders frequently refer to copyright infringement as "theft. physical or otherwise. in the United States Supreme Court case Dowling v.e. i. but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization. exclusive rights." In copyright law. stating "Pirated works may be seized on importation into those countries of the Union where the original work enjoys legal protection. conversion. or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright.'" In the case of copyright infringement the province guaranteed to the copyright holder by copyright law is invaded.[7] Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries .

transmitting or publishing content that could be actioned under civil or criminal law." [edit]Online intermediary liability Whether or not internet intermediaries have liability for copyright infringement by users. towards a debate on whether online intermediaries should generally be made responsible for content accessible through their services or infrastructure. rather than the judicial due process required by TRIPs. [9] Liability of online intermediaries has been one of the earliest legal issues surrounding the internet. 1957 Section 63 it has been provided that "Any person who knowingly infringes or abets the infringement of the copyright in a work shall be punishable with imprisonment which may extend to one year.[7] [edit]Criminal liability Article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries establish criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on a commercial scale"." early law on online intermediaries' liability is widely different from country to country.[11] . or with both. The first laws on online intermediaries' liability were passed from the mid 1990s onwards and the debate has shifted away from questions about whether internet intermediaries are liable for different content. has been subject to debate and court cases in a number of countries. or with fine.[4] Copyright holders have demanded that states provide criminal sanctions for all types of copyright infringement." "bulletin boards" or "online publishers. It has also been demanded that states provide criminal sanctions for all types of copyright infringement and pursue copyright infringement through administrative procedures.[7] In India Under the Copyright Act. such as libel. and without the intermediaries' authorisation. defamation. Early court cases focused on the liability of internet service providers (ISPs) for hosting.[10] As different content was considered in different legal systems and in the absence of common definitions for "ISPs. and award damages. such as libellous content or copyright infringing content.[4] Copyright holders have started to demand through the ACTA trade agreement that states act to defend copyright holders' rights and enforce copyright law through active policing of copyright infringement[8].enable courts to remedy copyright infringement with injunctions and the destruction of infringing products. or pornography.

including internet backbone providers. the websites that allow users to download peer-to-peer software. aggregators. However. Grokster. Internet intermediaries used to be understood primarily in terms of internet service providers (ISPs). universities. questions have arisen in relation to online intermediaries that are not hosts. Questions of liability have emerged in relation to internet communications infrastructure intermediaries other than ISPs. mailing lists. and any website which provides access to third party content through. To stop animation. web blogs. with each color representing an individual piece of the file. cable companies and mobile communications providers. though they may be considered to be "pointing to" the files. known as mere conduit principle in the Directive. and case law on the liability . These intermediaries do not host or transmit the files that infringe copyright. however. such as Napster. the pieces are individually transferred from client to client. the colored bars beneath all of the 7 clients in the upper region above represent the file. Such intermediaries may be regarded as enabling or assisting in the downloading and uploading of files by users. chat rooms. After the initial pieces transfer from the seed (large system at the bottom). SoulSeek and BitTorrent. so long as they do not know about it and take actions once the infringing content is brought to their attention. libraries andarchives. particularly in the context of copyright infringement through peer-to-peer file sharing networks. The original seeder only needs to send out one copy of the file for all the clients to receive a copy. eMule. those providing virtual information such as interactive forums and comment facilities with or without a moderation system. and may include the writer of a peer-to-peer software. Since the late 1990s copyright holders have taken legal actions against a number of peer-to-peer intermediaries. click browser's Stop or hit ESC key. for example. web search engines. hyperlinks. Online intermediaries who host content that infringes copyright are not liable. and in the case of the BitTorrent protocol the torrent site website and the torrent tracker.The BitTorrent protocol: In this animation.[12] The US Digital Millennium Copyright Act (1998) and the European E-Commerce Directive (2000) provide online intermediaries with safe harbor provisions. software and games providers. internet intermediaries are now also understood to be internet portals.

are generally brought in relation to principles of secondary liability for copyright infringement. . but it is illegal to unauthorized distribute the copyrighted files like uploading them to aP2P network. though. such as Napster. peer-to-peer file sharing intermediaries have been denied access to the safe harbor provisions in relation to copyright infringement. The BitTorrent protocol established an entirely decentralised network architecture in order to distribute large files effectively and recent developments in peer-to-peer technology towards more complex network configurations are said to have been driven by a desire to avoid liability as intermediaries under existing laws. and left entirely in the hands of the collecting agency established at the same time. [19] [edit]Russian law Downloading music and films for home use is legal due to exception provided by section 1273 of Russian Federation Civil Code.[15] [edit]Countries where sharing files without profit is legal Downloading copied music is legal in some countries in the context of the copyright. have been given protection under existing safe harbor provisions in relation to copyright infringement. with Nikita Mikhalkov. A special 1% compensatory levy intended for copyright holders is collected from the price of certain goods (like computers or clean CD-RW disks). [16] The Netherlands. such as libraries.of internet service providers (ISPs) in relation to copyright infringement has emerged primarily in relation to these cases. provided that the songs are not sold.[17] Spain.[13] The decentralised structure of peer-to-peer networks does not sit easily with existing laws on online intermediaries' liability.[18] and Panama.[14] While ISPs and other organisations acting as online intermediaries.[citation needed] The compensation mechanism is unclear. such as Canada. Legal action in relation to copyright infringement against peer-to-peer intermediaries. a prominent film director and political figure. such as contributory liability and vicarious liability. at its helm. In Canada it is legal to download any copyrighted file as long as it is for noncommercial use.