ARTICLE
17 March 2004

Whistle While you Work - Are Your Employees Pirating Tunes on Company Computers?

MC
Miller, Canfield, Paddock and Stone P.L.C.

Contributor

Miller, Canfield, Paddock and Stone P.L.C.
Kids aren’t the only ones using the Internet to download shared music files. Many adults are snagging melodic freebies too. And—if they happen to be working for your company, making use of your company’s network, and storing their purloined melodies on your company’s computers - you could wind up singing a less-than-happy tune.
United States Media, Telecoms, IT, Entertainment

Kids aren’t the only ones using the Internet to download shared music files. Many adults are snagging melodic freebies too. And - if they happen to be working for your company, making use of your company’s network, and storing their purloined melodies on your company’s computers - you could wind up singing a less-than-happy tune.

A number of Internet sites contain shared music files, and the technology to quickly download them is readily available. But just because the process is quick and easy doesn’t make it legal under federal copyright laws.

Recently, music industry groups representing copyright owners (such as the Recording Industry Association of America) have been turning up the volume and asserting their rights under the U.S. Copyright Act. The RIAA has targeted individual file sharers, colleges and universities whose students engage in file sharing, and companies whose employees may be downloading music illegally. Already, a number of universities are advising their students that file sharing will result in the loss of Internet privileges—the University of Florida even created its own software program that shuts off network access after warning students who persist in downloading.

What should you do to discourage the practice of pirating? Here are some steps you can take:

  • Establish an enforceable company policy that prohibits downloading music and other copyrighted materials from the Internet, and allows your company to impose appropriate sanctions for violations
  • Make certain each employee acknowledges and agrees to the policy upon hiring, or at the time the policy is introduced
  • Periodically post reminders of your policy
  • Review computer network logs to determine whether employees are visiting sites that offer shared music files
  • Remove any shared music files you find on your company’s network
  • Consistently impose sanctions for violations of your policy
  • Employ the safe harbor provisions of the Digital Millennium Copyright Act to establish your company’s immunity

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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