VOLUME EIGHT NUMBER 2 Understanding the Law May Change Your Tune About Downloading Music by Cheryl Baisden Chances are you know better than to walk out of a store with a CD of your favorite band stuffed in your jacket pocket. Everyone knows that is a form of stealing that can land you in jail. But what you may not know is that downloading music from the Internet can be considered stealing too, and the penalties for doing it can be just as severe. “Downloading music from the Internet is like being a member of a bad gang,” said Ronald S. Bienstock, a lawyer who works with WINTER2004 musicians and other artists. “You may not think it will happen, but someone’s going to get hurt. And the best thing for you to do is to not join, or get out OutOut ofof Shape?Shape? fast if you’re already involved.” While it may seem like a victimless crime, there are plenty Blame McDonald’s of people who get hurt when you by Roberta K. Glassner, Esq. “misleading advertising” which the plaintiffs claimed download your favorite 50 Cent led them to believe McDonald’s food was healthy. or Linkin Park song, Bienstock Five days a week, 19-year-old Jazlyn crossed under The second charge also dealt with advertising, but this explained. Everyone involved in the golden arches twice a day to eat an Egg McMuffin time with “deceptive advertising.” The teens claimed the production and distribution for breakfast and a Big Mac, super-size fries and an McDonald’s ads did not disclose the actual fat content of the song, from the musicians apple pie for dinner. Jazlyn is 5-foot-6 and weighs 270 in its foods. The third charge was that McDonald’s did and record companies to the pounds. Every day, 14-year-old Ashley ate McDonald’s not provide complete nutritional and fat information sound technicians and music Happy Meals during lunch breaks about its foods in all of its 13,000 restaurants across stores that sell the CDs, loses and before and after school. the country. money when you participate She is 4-foot-10 and weighs The basis of the teens’ lawsuit was that McDonald’s in free downloading. 170 pounds. advertising had misled them to believe its “Downloading costs the Last year, the two overweight food was nutritious and deceived them recording industry millions of teens took McDonald’s to court, into believing the food was not fattening. dollars every year,” said Bienstock. claiming that the fast food chain had As a result, after eating a steady diet of “People think they’re just taking caused their obesity and related health McDonald’s food, the plaintiffs claimed they a song here and a song there and problems. both put on an exceptional amount of weight it’s not really hurting anyone and suffered damaged health. since it’s such a little thing. But it’s The lawsuit McDonald’s denied all three charges. really a big thing, and it hurts The lawsuit filed Calling the lawsuit “senseless” and “baseless,” everyone.” on behalf of the Walt Riker, the company’s spokesman, stated The International Federation plaintiffs, Jazlyn McDonald’s had never misled its consumers, of the Phonographic Industry and Ashley, against 20 million daily, about its food in any way. estimates the recording industry the defendant, “McDonald’s continues to be a leader in is losing $4.3 billion a year because the McDonald’s providing customers with nutritional of downloading. Corporation, contained information about our food through in-store brochures, According to the Recording three charges. The Industry Association of America first charge was CONTINUED ON PAGE 3 (RIAA), record companies pay people like Justin Timberlake and Christina Aguilera an advance (money just for recording their songs) and expect to make that money back as well as a profit Cameras in the Classroom: when people go out and buy their CDs. That’s how the record companies can afford to pay the Snooping or Security sound technicians and background by Phyllis Raybin Emert schools opened in 2002 and 75 musicians, and how they cover percent of them were equipped the cost of actually manufacturing Imagine a world such as the with surveillance cameras. Schools and distributing the CDs. The one in George Orwell’s classic, in California, Virginia, Maryland, recording artists also receive futuristic novel, 1984, where your New York and New Jersey have all royalties whenever a CD is sold. every move is scrutinized and installed or will install camera If people download the music every conversation overheard. systems to keep schools and for free, the record companies lose That is the reality today students safe. in some schools around the In the Biloxi, Mississippi school CONTINUED ON PAGE 2 country, where video surveillance district, one of the first districts in equipment is being used in the nation to install cameras in Internet and monitor students the name of security to curb the classroom, the circular domes and teachers. vandalism and violence. The on the ceiling might be mistaken Gone are the days of getting controversy surrounding cameras for light fixtures or a fire alarm away with throwing spitballs, in the classroom involves school system. They are actually digital dozing in class, starting a fight or NSIDE safety versus privacy for teachers web cameras that record images I using a cheat sheet. The students Who Do You Download? ..............................3 as well as students. onto a computer hard disk. School in all public schools in this Glossary.........................................................4 According to The New York administrators and security Mississippi school district are now Times, nearly 1,000 new public personnel can then access the Crossword Puzzle .........................................4 CONTINUED ON PAGE 4 Downloading Music CONTINUED FROM PAGE 1 money and can’t afford to produce federal racketeering laws as the you’re just taking something from more music, and the recording basis of her lawsuit. Essentially, some big company that won’t artists don’t get their royalties. racketeering is the practice of know the difference, because they “One excuse people use for acquiring money illegally, whether may just find out who you are and downloading is that CDs cost too through fraud or intimidation. go after you,” he said. “And it’s not much,” Bienstock noted. “But it Scimeca’s suit claims that in their just some faceless company that’s This publication was made possible through funding from the IOLTA Fund of the Bar of New Jersey. costs the company money to make lawsuits the recording industry is getting hurt, it’s all of those them, and if you don’t pay for the using “scare tactics that amount to people who you love, who are on Angela C. Scheck music someday there may not be extortion.” Scimeca is accused of the posters on your walls. Those EXECUTIVE EDITOR any, or prices will be really high to sharing 1,400 copyrighted songs people suffer when you download Jodi L. Miller try to make up for what they lose on the Internet. too. Bottom line — if you love the EDITOR when people steal music by music, buy the music.” downloading it.” Most recent lawsuits Editorial Advisory Board According to an article The music industry was dealt a blow in December when John J. Henschel, Esq. published in Newsweek, some CHAIR recording artists are not bothered a federal appeals court ruled Who Do You Download? by the downloading of music against their tactics of using a There are Web sites, such as Paula Eisen because they feel it could special copyright subpoena to iTunes, which allow you to legally Donald C. Guida potentially boost their concert force Internet service providers download music from the Internet. Lisa H. James-Beavers, Esq. sales, making them more popular to disclose the names of their On December 15, 2003, iTunes Jay Hamill, Esq. with consumers. However, patrons. That ruling did not stop celebrated its 25 millionth Stuart M. Lederman. Esq. Bienstock points out that illegal the RIAA in January 2004 from downloaded song, since launching Louis H. Miron, Esq. downloading also makes it harder filing three lawsuits in New York in April 2003. What was the 25 Carole B. Moore for recording companies to and one in Washington, D.C. that millionth song purchased? — Let It Steven M. Richman, Esq. produce new music. included 532 file sharers, the Snow! Let It Snow! Let It Snow! by Thomas A. Zeringo “Some of the money you spend largest number to date. Because of Frank Sinatra. for a CD goes to producing music the court’s restrictions, the new According to Forbes, “Hey Ya!” New Jersey State Bar Foundation from new artists, people you don’t lawsuits are classified as “John by Grammy-winning group Outkast Board of Trustees know yet, who could become some Doe” lawsuits, allowing the RIAA was the most downloaded song in to sue these people without Lisa H. James-Beavers, Esq. of your favorites if you have the 2003, with more than 110,000 knowing their identities. The 532 PRESIDENT chance to hear them,” said downloads for the year. As for Bienstock. “If there’s no money people are currently protocol what artists are downloaded the John J. Henschel, Esq. coming in, there won’t be new numbers maintained by their most, below is a list published by FIRST VICE PRESIDENT music going out.” Internet service providers until Newsweek in its September 22, Ellen O’Connell, Esq. the courts grant RIAA’s request 2003 issue of the 50 most SECOND VICE PRESIDENT Lawsuits stop the music to make the Internet companies downloaded artists.