The Michigan law also levies felony charges for repeat offenders and sentences them to up to five years in prison or jail. In Massachusetts , illegal downloading laws depend on how many files you install. Others, meanwhile, may have stricter or lighter punishments that apply to specific acts, as is the case in Michigan.
Is piracy a felony under state laws? That has a lot to do with where you live, especially if the state government is also filing charges against you.
Because of this, felons must consult with an attorney who thoroughly understands local and federal piracy laws. Your defense depends on whether you are currently facing charges or if you are a currently housed inmate. Finding evidence in a piracy case is even more challenging. More specifically, prosecutors must show that you downloaded the content and provide evidence that tracks the action back to your IP address or account.
To add to that, they must do so without illegally obtaining information about you. Under the Fourth Amendment of the United States Constitution, accusers must obtain a warrant from a judge. This rule certainly applies to digital data. In short, even if the prosecutors prove that you illegally downloaded a song or movie, their case will fall short when they violate the Fourth Amendment and gather information about you without a search warrant.
This scenario requires you to focus on having the charges and fines for illegal downloading reduced. As mentioned earlier, accusers will ask for compensation that makes up for the lost income. In addition, they will attempt to make you pay for each record after you download songs illegally or install pirated versions of videos.
If you show that you only downloaded the material for personal use, the amount that you have to compensate the record holder with may significantly drop. Secondly, identify the platform that you used to download the music or videos. For example, if the content was on YouTube, the prosecutor will only make cents in ad revenues each time you play the song. Because of this, their lost income from YouTube or other ad-paying platforms will be relatively small.
However, if you download songs illegally from sources that require you to pay such as iTunes , then they may ask you to pay them back the cost of each song.
Above all else, you should make sure that everything is organized and well-documented. After all, the longer the case becomes, the more legal expenses and damages that you have to incur. In certain circumstances, you may still defend yourself even if the evidence of piracy is strong. Under United States federal law, the statute of limitations on copyright infringement is only three years.
That is to say, prosecutors cannot sue you if you illegally downloaded a song or movie more than three years ago. Equally as important, you may rely on the fair use doctrine as a defense.
However, this is only the case if you used the copyrighted content for educational or informative purposes. The fair use doctrine is exempt from illegal downloading laws.
Yet keep in mind that you need to provide sufficient evidence that you used the copyrighted material for an educational or charitable purpose. Otherwise, the fair use doctrine will not help your case. Keep in mind that most piracy cases are civil and not criminal. Yet when someone attempts to distribute or sell copyrighted material, they will very likely face criminal felony charges. It is important to remember that the statute of limitations for civil charges is only three years.
In criminal cases, on the other hand, prosecutors can sue you for up to five years after you download songs illegally or make pirated copies of videos. Both the prison sentence and fines are much harsher for criminal copyright law violations. Additionally, the government, rather than the record holder, might act as the prosecutor. In those instances, your first step should be to understand whether you are charged with violating state or federal illegal downloading laws or both.
If your state is filing charges, then it is crucial to know how piracy is defined and the punishment for it. Some states, such as Michigan, have an expanded list of crimes that constitute copyright infringement porch piracy, for instance. Here, finding a local attorney is a must.
However, even if your trial is in a federal court, a lawyer that specializes in copyright law may provide you with a variety of defenses and options. There are two aspects that determine whether or not the federal government will file felony charges against copyright infringers.
It will actually HURT your case significantly. In a few uncharacteristic cases, the courts have prevented Plaintiffs from continuing for a variety of technical reasons.
Defendants like you in those cases were in a much more favorable position simply because they waited to settle while actively monitoring their case. In many cases, the courts allow Plaintiffs to obtain individual names from your Internet Access Provider. Once your name is released, there is a possibility that they could amend the lawsuit to include your name or file an individual lawsuit against you in your jurisdiction if you do not settle in the time requested.
The prospect of suing hundreds or thousands of people individually is time and resource intensive for plaintiffs, but there is always the possibility of individual suits even if the chances are low that an individual lawsuit would be filed. Lawsuits like these are based on the fact that it's much less expensive for an individual to settle rather than hire a lawyer and fight this process. We realize what a bad position that puts defendants like you in. We hope this guide provides a bit of orientation so you can figure out the best path forward.
If you thought you gained something from this discussion, please consider supporting our work at by donating , sharing this guide through Twitter and liking us on Facebook. Why is this happening to me? An analogy might help. Imagine the Plaintiffs collect IP addresses like tuna fisherman cast their tuna nets. Also, some of the tuna they caught in the net will manage to swim out before the net is pulled up. Can I report them? Can I sue them back? Said differently, while a number of courts are having less patience for these lawsuits, many suits have been allowed to proceed and individual names released.
Am I liable for my adult children's or their friends' internet activities while they are using our internet access?
Once again, we want to thank the California Consumer Protection Foundation for their support, which allowed this guide to be created. Value free legal services for internet users like you? Support them. What's the best way to avoid legal problems for your business or creative work?
Read our book! Paperback Ebook Audiobook. Ever wonder when you can reuse music, photo, or film clips from other sources? Find out with our interactive Fair Use App. You can find our video guides here.
Legal Services we provide. Law school IP and entrepreneurship clinics list. Frequently Asked Questions about Copyright Law. How to find free music, images, and video you can use or remix in your own creative works. Stop unwanted texts and calls. Taking a few simple steps upfront to protect your business or project can save time and money down the road. Professors can request a FREE evaluation copy. Skip to main content. What are your options right now? Things to know about the settlement letter you will receive Things to consider when responding to the settlement letter Should I hire a lawyer?
Should I settle now? At this time, New Media Rights is not acting as counsel in these cases because of our limited resources. Whether you should spend money on a lawyer or not in these types of cases is also an unsettled question. There are so many different plaintiffs and different modes of trying to do business that it's impossible to know C whether that lawyer's negotiation would be so successful in lowering the settlement that it would be worth the cost of the lawyer.
For those who clearly know they have downloaded the file, it will be less prudent for them to ignore the settlements, and the benefits of hiring a lawyer are more dubious. B what specific results have been achieved for other defendants like yourself in the past by taking those steps and. C whether the lawyer's charge will be an hourly rate or a percentage of the money you save if a lower settlement is negotiated.
Of course, it would be optimal for defendants to hire a competent lawyer who charges defendants a percentage of the lowered settlement rather than an hourly rate. This is because hiring a lawyer at an hourly rate could cost a lot of money and end up being fruitless. Generally, these plaintiffs will allege "direct copyright infringement" as the legal reason that you have to pay them settlement money. The person whose name is attached to the internet account the person who will be addressed in the plaintiff's settlement letter is the person the plaintiffs are accusing of that "direct copyright infringement.
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