|
'Songlifting' brings high price for familyLeslie Maxfield has learned the hard way that the cost of 834 free rock and country songs is $5,000 he says he doesn't have. That's the settlement his Klamath Falls family has reached with recording companies over the Maxfields' downloading of 834 music files over the Internet, a move they did without realizing the practice of so-called "songlifting" violated federal copyright laws. With an Aug. 12 deadline looming, Maxfield has yet to pay off his settlement and he's not sure if he will because the 51-year-old cabinet maker in Klamath Falls said he doesn't have the cash. "I've got about a week and they'll be wanting their money, and I don't know what to do," Maxfield said. "They're trying to get blood out of a turnip. "I feel like I'm in a nightmare." The Maxfields were two of three Southern Oregon households hit with federal copyright infringement lawsuits in April by the Recording Industry Association of America in its attempt to quell songlifting worldwide. A defendant identified only as Jeanie Metzer of Jackson County had her suit dropped in June for reasons not identified in court papers. The third defendant, identified as Eva Thomas of Josephine County, has until the end of August to file court papers in response to her suit. The suits accuse them of "songlifting," the process of sending or receiving copyrighted music over the Internet via peer-to-peer services not authorized by recording companies. Songlifting violates federal copyright laws and the U.S. Supreme Court ruled unanimously last year that those who use the unauthorized services can be liable for copyright infringement. Recording companies consider songlifting a theft largely responsible for a 35 percent drop in the industry's shipments of cassettes and CDs since 1999. "Songlifting is illegal and people are not anonymous on peer-to-peer networks, and there are consequences to their illegal actions," RIAA spokeswoman Jenni Engebretsen said Friday after her group sued the Internet file-sharing network LimeWire in federal court in New York. Since starting its campaign in September 2003, the RIAA has filed more than 18,200 copyright infringement cases across the country on behalf of record company giants like Capitol Records, Warner Bros. and Sony. In the Maxfields' case, the family downloaded 834 music files to their computer through KaZaa, a file-sharing service not authorized by the individual record companies that do license their music for sale through authorized online services like iTunes. The Maxfields had no idea that downloading what appeared to be free music on legitimate Web sites was illegal, said Maxfield, who takes issue with being labeled a "music pirate" by the recording industry. "This isn't right," Maxfield said. "They act like I went out intentionally to rob them. Now, they're using the court system to rob us." To settle, Maxfield agreed to pay a $4,080 settlement as well as $420 court costs and processing fees, a copy of the settlement states. He also agreed never to songlift again and destroy all the lifted files, according to the settlement. Maxfield said he destroyed the rock and country music files his family downloaded to their home computer. Maxfield said he fears the recording companies will try to put a lien on his house or force him to sell his pickup, which would hamper his ability to commute to work. "If I had the money, I'd give it to them," said Maxfield, who hopes public outrage against the record companies will generate some public assistance for him. "They'll take the means to my livelihood away." Engebretsen declined to discuss specific cases, such as the Maxfields'. But the association has settled more than 4,900 cases like this one, with the remaining "in various stages of litigation," Engebretsen said. No case to date has made it to trial, she said. "We see these as very clear-cut cases," Engebretsen said. Engebretsen said such legal action has educated many millions of people that there is no free lunch in the music industry. "There's been a tremendous transformation of the online music business and it's been a good thing for the industry and the fans." Maxfield said he's still a music fan, but not one of the industry. "It makes you feel pretty insignificant and causes me to lose a lot of respect for their companies," Maxfield said. Reach reporter Mark Freeman at 776-4470, or e-mail mfreeman@mailtribune.com. |
|
Advertisements
|
|
|