To the Editor:
As music librarians at Vanderbilt University, we feel compelled to respond to the March 26 "Our View," “Students Must Be More Wary of Technology.” Rather than reminding fellow students of the ample legal resources for downloading music and video, the Hustler staff instead chided the student body for failing to learn how to “circumvent the RIAA’s measures.” Although The Hustler claims it does not condone copyright infringement, suggesting students should find ways to download illegally without getting caught really does promote such infringement and is a stance not likely to be supported by the university’s legal counsel.
Whether you agree or disagree with the RIAA’s practices is moot. When you download a commercial audio or video file you have not paid for, you are stealing. We doubt that any Vanderbilt student would walk into a record store and steal a CD or DVD, yet there seems to be little acknowledgement that the theft of a physical object carrying digital content and the downloading of that digital content over the Internet are one and the same. Just because it is easier to do doesn’t make it less of a crime.
The penalties for copyright infringement can be serious indeed. According to the RIAA, “The online infringement of copyrighted music can be punished by up to 3 years in prison and $250,000 in fines. Repeat offenders can be imprisoned up to 6 years. Individuals also may be held civilly liable, regardless of whether the activity is for profit, for actual damages or lost profits, or for statutory damages up to $150,000 per infringed copyright.” The RIAA has the legal right to protect content from copyright infringers, and it does so aggressively. You should also be aware the RIAA is continually developing new technologies for detecting illegal downloads and file sharing. The RIAA is not nearly as far behind the curve as your editorial suggests.
An important aspect that is often lost in the debate about file sharing is the rights of the creator of the content. The RIAA is not just protecting its profits, but the rights of its artists as well. Copyright legislation was enacted to give authors and artists the right to control how their works are used. When you acquire this content illegally, you deny the artist his or her legal right to designate how his or her work will be distributed. As students, you are taught by your professors the importance of respecting intellectual property rights by using written information legally and ethically. Audio and video are also intellectual property, and you have the same responsibility to use it appropriately.
If you disagree with the RIAA’s activities, further illegal downloading is certainly not a logical choice for promoting change. As we have seen with the recent issue of pre-litigation letters to 20 Vanderbilt students, if you participate in this illegal activity, you run the risk of being prosecuted no matter how carefully you think you have covered your tracks. If you believe the RIAA is too restrictive over the intellectual content of the artists that they represent, you should get involved and advocate for changes to existing copyright law.
Sara J. Beutter, Music Librarian for Public Services
Steven Nordstrom, Music Librarian/Cataloger
Holling Smith-Borne, Director of the Music Library
