Brand
We mean business
Comprehensive legal services for businesses
in New Jersey and New York
Best Lawyers | Best Law Firms | U.S.News & world report | 2021
Richard J. Lambert was named by Best Lawyers® as a 2021 Corporate Law “Lawyer of the Year.”

Best Lawyers® is the oldest and most respected peer-review publication in the legal profession. Only one lawyer in each practice area in a given community is honored as “Lawyer of the Year.”

top-contextual
comprehensive legal services for businesses

What’s the real damage of file sharing to the music industry?

Getting something for nothing seems like a great deal to cash-deprived music fans, many of whom are all too happy to click a mouse to illegally download a digital file of a recorded song. The same people, in most cases, would never dream of walking out of a music store with a shoplifted CD of recorded music in their clothes. However, in many cases, these individuals fail to recognize that illegal downloading constitutes the theft of copyrighted intellectual property just as much, even if done from the comfort of their own home.

In May 2011, a lawsuit by the Recording Industry Association of America and its member recording labels was filed against online file-sharing portal Limewire and resulted in a settlement of $105 million in damages. Penalties for illegal downloading can range up to $150,000 per download in instances of willful infringement, with lesser penalties imposed in most instances.

Some news reports have ridiculed the claims for damages that the RIAA made in the Limewire case, exaggerating its demands by claiming that the recording industry was seeking $72 trillion in damages. The RIAA noted, in seeking a correction of those reports, that it had, in fact, never sought a specific amount from Limewire, but instead sought to have the actual damages assessed.

The lawsuit ultimately revolved around the issue of illegal downloading of 5,000 copyrighted digital songs. Even if the maximum penalty for willful infringement had been applied, $150,000 per download, the damages would have amounted to $750 million, rather than the fantastical $72 trillion reported in some media outlets and used to ridicule the infringement claims.

The settlement of the lawsuit against Limewire has not resolved the overall issue, but perhaps it will deter some other unscrupulous businesses from facilitating copyright infringement.

Source: Forbes, “The RIAA: Do Not Believe a Word They Say, Ever, For They’re Claiming $72 Trillion in Damages,” Tim Worstall, May 24, 2012

Office Location

Dunn Lambert, LLC
1740 Broadway, 15th Floor
New York, NY 10019

Paramus Law Office Map

Dunn Lambert, LLC


New York Law Office Map


Phone: 551-228-2690
Fax: 201-957-0874

Phone:
Fax:
Best Lawyers | Best Law Firms | U.S.News & world report | 2021

GET ANSWERS from a firm
with a sense of business.

Archives

Review US
FindLaw Network