Some pay-per-download sites ride a thin line of legality

By MICHAEL BROWN

There are many different Web sites that allow students to download music, and the line that separates a good deal from copyright infringement may become blurred.

Jim Fatz, director of information security and operations, said artists may choose to release their work for free, but if there’s supposed to be a fee with the work and it’s obtained without paying, it’s copyright infringement.

“There’s a bunch of people who have sites [that] have catalogs or libraries of music that they obtained legally, but they are allowing people to obtain it for free, and that is illegal,” Fatz said.

Most students may use iTunes as their music provider, but NIU has an agreement with Ruckus that allows students to download music for free.

“Right now, with our current offer from Ruckus, you can do unlimited tethered downloads, which means you have to be an affiliate of NIU, and the music stays on the device you downloaded it on,” said Cindy Phillips, director of IT customer support for ITS. “You can’t port it to another device, but you can pay a semester fee to allow you the portability, which is called ‘Ruckus-to-go.'”

Phillips said Ruckus charges $19.95 a semester for portability. Another Web site, legalsounds.com, based in Russia, has users deposit $25 into their accounts and buy songs for $0.09 each. Fatz said, after researching the site and referring to NIU Legal Services, it is unclear whether the site is legal in the U.S.

“They have a disclaimer on their site that says they are compliant with all the Russian copyright laws, but then there’s another disclaimer that says that anybody who uses this site will hold them harmless for any type of infractions in the jurisdiction where the music is downloaded,” Fatz said.

There are consequences to illegal downloading. Fatz said students who are caught downloading songs illegally could be subject to Judicial Affairs.

The Recording Industry Association of America has sued individuals who they determined had been obtaining music illegally. On Dec. 23, Mitch Bainwol, chairman and CEO of the RIAA, issued a statement to the “House and Senate Judiciary and Commerce committees” stating that the RIAA would end the lawsuits in favor of a new graduated response program.