Illegal downloads prosecutions

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. Firstly, the scope of the violation. Secondly, the strength of the case. To clarify, federal authorities will not prosecute criminal offenders unless they commit a serious violation such as selling or distributing pirated materials. Otherwise, infringers are more likely to face civil charges, if any at all. Moreover, federal prosecutors handle cases that have strong evidence.

For example, a court charged you with civil penalties. After that, if you continue to break piracy laws, the federal government may step in. Your previous convictions provides them with a solid case and potentially key pieces of evidence, especially when you commit other crimes. Similarly, if you have a strong defense or justification such as the fair use doctrine , the federal government will likely not file charges. However, perhaps most importantly, illegal downloading laws give federal authorities the right to prosecute all types of violators, even first-time infringers and cases without solid evidence.

In other words, the scope of your violation and your defense only define the likelihood of whether or not you will face criminal charges. Otherwise, the federal government can still prosecute anyone who breaks piracy laws. Some areas do not have penalties for illegal downloading, but these areas usually have restrictions on the type of downloading permissible. For example, some areas allow downloading for personal use but do not allow uploading of files for sharing.

Other areas allow files to be shared in any way at all without penalties, although money may be collected in other ways to compensate copyright holders. The penalties for illegal downloading can be quite serious, so it is very important to understand the local laws. Tara Barnett.

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