When Does Legal Music Become Illegal?

Law360 (February 22, 2008, 12:00 AM EST) -- Battles over the Copyright Act's applicability to music file-sharing are nothing new. The Recording Industry Association of America ("RIAA") has always maintained, and courts nationwide have recognized, that individuals who transfer copyright-protected music are liable for copyright infringement.

Moreover, it is undisputed that individuals who purchase music can utilize such music for personal use.

Recently, however, the fight has taken a new twist.

In Atlantic v. Howell, a husband and wife are being sued for copyright infringement based on their alleged unauthorized music file-sharing on the KaZaa network.

An alleged file-sharer being sued is nothing new. What is unique is a...

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