How to Enforce Laws Outlawing the Illegal Downloading of Music

Downloading music can be illegal due to copyright law.

The illegal downloading of music is a violation of United States copyright law. In order to enforce copyright law against the party downloading music, you need to be the author or the owner of the works being downloaded. In some instances you may be permitted to bring a lawsuit on behalf of the author or owner if you are an interested party. Additionally, keep in mind that, if you authorize third parties to download your music, you do not have a cause of action. Familiarize yourself with the rules of civil procedure in your jurisdiction and the United States Copyright Code.

Instructions

1. Determine if your song is registered for copyright protection with the United States Copyright office. Copyright infringement lawsuits are only permitted if your works are not formally registered. If you need to file a lawsuit on unregistered works, file for expedited copyright registration.

2. Obtain proof that the targeted party is downloading or sharing your music without permission. The easiest way may be subpoenaing the user's Internet service provider for records or by simply catching him in the act of distributing your music online.

3. Draft a complaint in civil law in accordance with all of the rules of civil procedure in your jurisdiction. You may file the case in federal court; copyright law is a federal statute. Be sure to include proof that you own the copyright in question or are authorized to bring the case, a statement of facts explaining the situation, a statement explaining why venue and jurisdiction are proper, proof that the downloading party has violated your copyright, a statement of damages, a verified statement, a certificate of service, and any other necessary legal documents required by your jurisdiction.

4. File your complaint with your local department of court records. Pay the applicable filing fee; fees vary in every jurisdiction. The defendant is required to file an answer within 30 days. At this time you may engage in discovery and the filing of motions as you so choose.

5. Appear in court to argue your position. Bring any case law and evidence that supports your case.

Tips & Warnings

• In addition to actual damages, you are entitled to statutory damages and attorney's fees under the United States Copyright Code if you filed for registration prior to the infringing act.

• Before filing your complaint, contact an attorney. The rules of civil procedure are nuanced in every jurisdiction and require legal expertise.

References

• US Copyright Office: Title 17
• The Washington Post: Download Uproar: Record Industry Goes After Personal Use
• RIAA: Unauthorized Copying is Against the Law
• Techdirt: If You're Going To Sue For Copyright Infringement, First Make Sure You Own The Copyrig

Resources

• CNN: Why Suing College Students for Illegal Music Downloading is Right
• The Independent: Illegal downloading: What Happens if You're Caught?
• US Copyright Office: Forms