New laws to fight piracy
New laws to fight piracy
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Senate backs piracy plan to sink file sharers

Art Act and Pirate Act provide sweeping new powers to imprison offenders

Dinah Greek, vnunet.com 28 Jun 2004
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The US entertainment industry received a boost in its fight against copyright infringement and file swappers last week with the passing of two proposed bills through the US Senate.

The Artists' Rights and Theft (Art) Prevention Act and the Pirate Act include stiffer penalties for pirates, and make it easier for federal authorities to prosecute copyright cases.

The legislation also gives the authorities an initial annual budget of $2m.

Piracy of pre-release works and the recording of films in a cinema for redistribution online or offline is covered by the Art Act.

A first offence could lead to three years in prison for just sharing such copyrighted works, increasing to five years if this was done for profit.

Repeat offenders could spend as long as 10 years behind bars and face a suit for damages from the entertainment industry.

The Pirate Act makes it easier to prosecute file swappers as it will allow the US Department of Justice to file civil lawsuits in copyright cases.

Currently, prosecutors need to show that defendants knew they were breaking the law. But in a civil case the only proof needed is that the infringement took place.

Both acts have to pass through the House of Representatives and receive presidential approval before coming into force, but the Recording Industry Association of America (RIAA) is already rubbing its hands in anticipation.

Mitch Bainwol, chairman and chief executive at the RIAA, said in a statement: "I commend the passage of these common sense proposals that offer flexibility in the enforcement against serious crimes that damage thousands of hardworking artists, songwriters and all those who help bring music to the public.

"These acts will provide federal prosecutors with the flexibility and discretion to bring copyright infringement cases that best correspond to the nature of the crime, and will assure that valuable works that are pirated before their public release date are protected.

"Despite some encouraging signs, piracy continues to plague the music community. There is an essential role for education, enforcement by copyright owners, and federal prosecutions of the worst offenders."

See also:

FCC had 'overstepped its authority' over Broadcast Flag technologyUS court rejects call for technology to be built into hardware  09 May 2005
RIAA targets 761 alleged file sharersHundreds of alleged downloaders hit with lawsuits  19 Nov 2004
RIAA hit with civil suitAltnet accuses US trade body of patent infringement  10 Sep 2004
RIAA court challengeISPs will now have to match IP addresses to people  30 Jul 2004
DVD sales falling as web users take advantage of broadband, claims US trade body  09 Jul 2004
Frank CoggraveHow employee use of peer-to-peer sites is more than just a nuisance  08 Jul 2004
More RIAA lawsuitsTrade body welcomes new copyright infringement legislation as it issues more subpoenas  23 Jun 2004
Legal music downloadsThe music industry has finally worked out how to make money out of internet music downloads. But will legal online music services be as popular as P2P sites?  18 Jun 2004
RIAA lawsuitsTotal number of suits filed by industry body nears 3,000  25 May 2004
RIAAThe US trade body is now bringing the full weight of the law to bear on individuals who dare to download a track or two from the web. But the users are fighting back ...  01 Aug 2003

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