Week 6 - IP (Downloading Music & Movies Online)

 

I went over a friend’s house once to watch a newly released, blockbuster movie. Within a minute of plugging his hard drive into the TV and pressing play, the above image flashed up (obviously an American movie) and I had to laugh at the irony, I knew he hadn’t paid for it when he downloaded it. I felt a quick flash of guilt, then settled down to watch the movie, accepting it as a very minor, harmless crime.

 

With the widespread, accessible, use of internet devices in Australia nowadays, a lot of people prefer to download music, TV shows and movies rather than buying physical copies of the media. Most people will pay for the media before downloading, but many others will download the media through free avenues, as my friend had.

 

Ethically, the choice is somewhat ambiguous. Some think, as I had, that it is a victimless crime, no real theft or harm.  Many, especially those feeling the pinch in the media industries, have raised a massive cry of how they are struggling with the low sales.

In Australia, the legality of the issue is covered under the Copyright Act 1968 (Cth). As long as certain requirements are met (falls under certain broad media definitions, is original, is material, and is produced by a resident of Aus), a piece of work is automatically copyrighted. This means that the copyright holder, generally the author, creator or owner of that work, holds exclusive rights to reproduce, publish or communicate that work. And it doesn’t stop at Australian works either. Under the Copyright (International Protection) Regulations 1969 (Cth), protection equivalent to that defined under the Copyrights Act is given to any works owned by a person residing in a number of countries, including the US and the UK.

 

This means that, when a person or company puts a movie or music up on their website for anyone to access or download, they are infringing copyright law by reproducing that work without permission from the copyright holder. And as the knowing watchers or downloaders of this illegal media, my friend and I were indirectly infringing copyright law as well.

 

352 Words

http://www.smh.com.au/news/web/illegal-downloading-hits-epidemic-proportions/2008/09/23/1221935645031.html - Sydney Morning Herald article on the rise of illegal downloading, focusing on everyday Australian’s feelings.

 

http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/ - Online version of the Copyright Act 1968 (Cth)

 

http://www.youtube.com/watch?v=1OIqtHBbDWA – Great video of popular musicians debating the free downloads of music

 

http://www.austlii.edu.au/au/legis/cth/consol_reg/cpr1969506/s4.html - Online version of the Copyright (International Protection) Regulations 1969 (Cth)