Post by StiffUpperAngus on Dec 6, 2005 0:06:36 GMT -5
I have recently checked up on the laws regarding bootlegs. Apparrantly its no longer a 'grey' area. This is from the RIAA site:
The Federal Anti-Bootleg Statute {18 USC 2319A} prohibits the unauthorized recording, manufacture, distribution, or trafficking in sound recordings or videos of artists' live musical performances. Violators can be punished with up to 5 years in prison and $250,000 in fines.
Two important legal concepts, especially pertaining to the Internet, should be kept in mind—contributory infringement and vicarious liability.
Contributory infringement may be found where a person, with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another. For example, a link site operator may be liable for contributory infringement by knowingly linking to infringing files.
Vicarious liability may be imposed where an entity or person has the right and ability to control the activities of the direct infringer and also receives a financial benefit from the infringing activities. Vicarious liability may be imposed even if the entity is unaware of the infringing activities. In the case of a site retransmitting infringing programs, providing direct access to infringing works may show a right and ability to control the activities of the direct infringer, and receiving revenue from banner ads or e-commerce on the site may be evidence of a financial benefit.
The 5 years in prison and the fine dont sound good to me. So please download what you can, cause tommarow the download section will be shut down, and as of now, nothing else can be posted. Also everything on our servers is being removed tonight and they will go offline soon. I know this may sting my repuation, and your reason to come here. But please stay and support the site and the band and talk about AC/DC and other great rock bands."
- Kyle
The Federal Anti-Bootleg Statute {18 USC 2319A} prohibits the unauthorized recording, manufacture, distribution, or trafficking in sound recordings or videos of artists' live musical performances. Violators can be punished with up to 5 years in prison and $250,000 in fines.
Two important legal concepts, especially pertaining to the Internet, should be kept in mind—contributory infringement and vicarious liability.
Contributory infringement may be found where a person, with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another. For example, a link site operator may be liable for contributory infringement by knowingly linking to infringing files.
Vicarious liability may be imposed where an entity or person has the right and ability to control the activities of the direct infringer and also receives a financial benefit from the infringing activities. Vicarious liability may be imposed even if the entity is unaware of the infringing activities. In the case of a site retransmitting infringing programs, providing direct access to infringing works may show a right and ability to control the activities of the direct infringer, and receiving revenue from banner ads or e-commerce on the site may be evidence of a financial benefit.
The 5 years in prison and the fine dont sound good to me. So please download what you can, cause tommarow the download section will be shut down, and as of now, nothing else can be posted. Also everything on our servers is being removed tonight and they will go offline soon. I know this may sting my repuation, and your reason to come here. But please stay and support the site and the band and talk about AC/DC and other great rock bands."
- Kyle