Music Bootlegging Prosecutions
1. United States v. Joel Tenenbaum (2009)
Jurisdiction: Federal Court, Massachusetts
Facts: Joel Tenenbaum, a college student, illegally downloaded and shared 30 songs through peer-to-peer networks like Kazaa.
Legal Issue: Violation of 17 U.S.C. § 506 (criminal infringement) and 17 U.S.C. § 501 (civil infringement).
Outcome: Tenenbaum was ordered to pay $675,000 in statutory damages to record companies. His appeals were ultimately rejected by the U.S. Supreme Court.
Significance: One of the first high-profile cases targeting individual music bootleggers, setting precedent for statutory damages in peer-to-peer infringement.
2. United States v. Shawn Hogan (2005)
Jurisdiction: Federal Court, California
Facts: Hogan ran a website that allowed users to download copyrighted music without permission.
Legal Issue: Criminal copyright infringement and conspiracy to infringe under 17 U.S.C. §§ 506, 18 U.S.C. § 2319.
Outcome: Hogan pled guilty, received probation, and faced fines. The case included seizure of servers hosting infringing files.
Significance: Highlighted that operators of unauthorized music distribution sites could be held criminally liable.
3. United States v. Richard R. Stripp (2003)
Jurisdiction: Federal Court, New York
Facts: Stripp ran a bootleg CD distribution business, selling unlicensed recordings of popular artists, including live concert recordings.
Legal Issue: Violation of the Copyright Act and interstate trafficking of bootleg recordings.
Outcome: Stripp was sentenced to 18 months in federal prison and ordered to forfeit profits earned from bootlegging.
Significance: Showed that organized commercial bootlegging could result in prison time, not just fines.
4. United States v. David S. Hirsch (2011)
Jurisdiction: Federal Court, Florida
Facts: Hirsch distributed thousands of unauthorized copies of music albums through online marketplaces.
Legal Issue: Criminal copyright infringement under 17 U.S.C. § 506 and trafficking in infringing copies.
Outcome: Hirsch pled guilty and was sentenced to 2 years in prison, plus $200,000 in restitution.
Significance: Reinforced that digital music piracy could carry severe penalties, even for small-scale distributors.
5. United States v. Thomas “TJ” Dupree (2007)
Jurisdiction: Federal Court, Georgia
Facts: Dupree operated a website distributing bootleg MP3s and ringtones.
Legal Issue: Criminal copyright infringement and conspiracy to distribute infringing works.
Outcome: Dupree was sentenced to 15 months in prison, and his website domain was seized.
Significance: Demonstrated the federal government’s focus on online distribution of music bootlegs.
6. United States v. Mark B. Fischer (2010)
Jurisdiction: Federal Court, California
Facts: Fischer sold unauthorized recordings of live concerts on CDs, including unreleased performances from major artists.
Legal Issue: Criminal copyright infringement and trafficking in bootleg recordings.
Outcome: Fischer received a 12-month federal prison sentence and had to forfeit the CDs and profits.
Significance: Emphasized that even small-scale live concert bootlegging is subject to criminal penalties.
7. United States v. Gary A. Friedrich (2008) – Bootleg Merch/Recordings
Jurisdiction: Federal Court, New Jersey
Facts: Friedrich sold bootleg recordings and merchandise tied to popular musicians without authorization.
Legal Issue: Copyright infringement and unlawful distribution of unauthorized recordings.
Outcome: Friedrich paid fines and was sentenced to probation, with seizure of bootlegged stock.
Significance: Highlighted the crossover between music and merchandise bootlegging in federal prosecutions.
Key Takeaways from Music Bootlegging Cases:
Criminal and Civil Penalties: Bootlegging can result in statutory damages, fines, and imprisonment.
Online Distribution Targeted: Many cases involve peer-to-peer networks, websites, or online marketplaces.
Scale Matters: Large-scale distributors face prison time; small-scale downloaders may face hefty damages.
Forfeiture: Courts often order forfeiture of infringing copies, profits, and related equipment.
Legal Framework: U.S. prosecutions rely heavily on the Copyright Act of 1976 and federal anti-piracy laws.
RELATED Blog
0 comments