What Are the Penalties for Illegally Downloading Content?

While legal downloads of music and videos are available, many consumers still steal music, videos, and other contraband.

Steal? Yes, when you download copyrighted material such as music or music videos without paying, it’s like walking into a store and shoplifting DVDs.

Fines for Copyright Violations

“A lot of people figure, ‘I can do this, and no one will know,’” says Dale Cendali, a partner with Kirkland & Ellis in New York City and chair of the firm’s Copyright, Trademark, Internet and Advertising Practice Group.

“Well, you can get caught, and if you’re convicted [of willful copyright infringement], you could face a fine of up to $150,000 per infringement as well as other penalties.”

Data Privacy Risks in Illegally Downloading Content

The risks of illegally downloading copyrighted works doesn’t stop with fines. Individuals who swap illegal files risk importing viruses and spyware onto their hard drives, too, says John F. Delaney, a partner at Perkins Coie and vice chair of the firm’s Technology Transactions & Privacy Practice.

Delaney, who has spoken extensively on emerging copyright and intellectual property issues, says it’s relatively cheap to buy music and videos legally. The few bucks you save doing it illegally isn’t worth it.

The Importance of Reading User Agreements

And as the law catches up with rapidly evolving technology, the sanctions might become harsher. Buying or subscribing to music and other content services online is similar to buying software. When you consent to the User Agreement terms of iTunes, for example, you don’t actually own that song or video—you own the right to use it for certain purposes.

Virtually all consumers click the “I Agree” button without reading it, which is a mistake, according to Jeffrey Neuberger, a partner with Proskauer Rose in New York City and chair of the firm’s Technology, Media & Telecommunications Group. “Like all material that is downloaded from the computer, music and other content is just a series of ones or zeros that is subject to restrictions outlined in the user agreement,” he says. “It would be nice if you would read it before you agree, but if you don’t, that’s not a defense in court if you violate the agreement.”

Common Terms of User Agreements

Agreements differ, but many share the same terms, such as:

• Restrictions on where you can install content;
• Consent to pay monthly fees for subscription-based services; and
• Notification that the terms can change without notice to consumers.

These terms comprise digital rights management, a practice under which digital content is encoded so that its use is restricted to the licensing terms.

Find Experienced Legal Help

The industry strives to balance the need for copyright holders to be compensated for the use of their creation with the need for consumers to have reasonable use of what they have licensed, Cendali says.

If you’re a copyright owner looking to stop violations of your IP rights, visit the Super Lawyers directory to find an experienced intellectual property lawyer for legal advice. If you’re facing criminal charges for illegal downloads, reach out to a criminal defense lawyer.

For more information on this area of law, see our copyright law overview.