File Sharing in Australia
Peer-to-peer file sharing software (also known as P2P Software), is a very attractive way for Internet users to obtain a wealth of material from the Internet. It enables users to share content on their hard drives with others connected to the Internet at the same time.
A great deal of material available for download over the Internet is illegally obtained or bound by intellectual property right laws. That it is offered freely for download does not make it legal to do so. As such, extreme care should always be taken to ensure that any content you choose to download is legal.
Recently, there have been reports of users having downloaded files through P2P software without realising that the files were protected by copyright laws. These files were illegally obtained initially, and as such, contained no warning to others that they were subject to copyright. Ignorance of the law, however, has been no defence. The owners of the material subject to copyright have aggressively pursued all recipients of their material, not just those responsible for obtaining them in the first place.
Sharing material subject to copyright without permission from the rightful owner is a violation of a number of international treaties to which Australia is a party. Additionally, any individual who is found guilty in a court of law of a copyright infringement faces a fine of up to $60,500.00, imprisonment for up to five years or both.
Will downloading land you in jail?
The enduring popularity of file-sharing programs demonstrates that users enjoy swapping files amongst themselves. What isn’t yet clear is whether people are so enamoured of the convenience of downloading that they’ll pay to download tunes they like, or whether – as the record industry suspects – it’s the fact that music (and increasingly movies) can be accessed without paying anything that explains the ongoing popularity of Kazaa and similar tools.
Whats Legal?
* Downloading movie trailers. Studios are happy for viewers to see these as they help promote forthcoming releases. Apple (www.apple.com/trailers) includes a wide range of current trailers.
* Making copies of your own CDs for your own personal use. If you’ve purchased the latest album by your favourite band then you can make a copy so you can listen to it on your PC. Note that some recent releases include protection technology that prevents copies being made.
Whats Not Legal?
* Converting your own CDs to files and making the contents available through peer-to-peer networks.
* Downloading copyrighted material that has been made available by others through peer-to-peer networks.
Aussie Statistics
* Around 3.6 million Australians illegally burnt a music CD in the 6 month period prior to the research.
* Around 3.4 million Australians illegally downloaded music files via file sharing services (1.8 million of these have used file sharing services in the one month period prior to the research).
* 31% of all music acquired by those 17 and under; 21% for 18-24’s
* 40% of the general population have at some stage received a burnt CD (69% in the 18-24 age group).
* Among file sharers, the average volume downloaded in the last month was 19.6 files (32.4 files in the 18-24 age group)
Resources
ARIA market survey on file sharing – [PDF]
