Sunday, March 1, 2009


From " The Business of Music" 9th edition ( Krasilovsky/Shemel/Gross) 

Excerpts from chapter " Copyright Legislation " 

" Under the Copyright Act of 1976 , an individual cannot be convicted of criminal copyright infringement unless he or she willfully infringes a copyright " for the purposes of commercial advantage or private financial gain " 

" Further , this act also criminalizes the electronic reproduction or distribution of copyrighted works by electronic means , if more than $1000 in total retail value during any 180-day period is involved "

" At the same time the act created certain " safe harbors" for ISP's . eg " Where the service provider acts as a "mere conduit" for an infringing transmission "  or " Where the service provider has unknowingly stored infringing material and has recieved no financial benefit and responds " expeditiously " to remove the infringing material  " or " Where the provider has unknowingly linked users to sited containing infringing material and responds " expeditiously " to remove the infringing material " 

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