9/18/2003

The Law on Downloading and Sharing Music over the Internet

On Sept. 8, the Recording Industry Association of America (RIAA) filed 261 lawsuits in federal courts around the country against individuals that they charge have illegally downloaded and shared songs over the Internet. The most visible suit involved a 12-year-old honor student in New York named Brianna LaHara. "Why are they picking on me," she asked a reporter. "My stomach is all in knots." Her family quickly settled with the RIAA for $2,000. Thousands more lawsuits are expected in what is starting to look like a war being waged by the music industry on its patrons.

The RIAA’s seemingly draconian steps to stop the illegal sharing of music are clearly just the beginning of what is likely to be a lengthy, and perhaps impossible, fight, with much of the present battle taking place in the court system. The following memorandum examines the issues surrounding the RIAA’s initial efforts and provides an overview of current law regarding the legality of downloading and sharing music over the Internet. Read (PDF).