Title 17, Chapter Five addresses copyright infringement. Any unauthorized duplication or distribution of a copyrighted song is illegal. According to Title 17, Section 506, even a song “being prepared for commercial distribution” cannot be copied or shared. A song shared more than 10 times in 180 days without authorization counts as an offense.
To address concerns specific to downloading and uploading copyrighted material, Title 17 was amended by the No Electronic Theft (NET) Act. The NET Act stipulates electronic transmission is considered distribution and the original language “phonorecord” can be applied to any copy of a song.
According to the RIAA, even taking part in an unauthorized “pirate site” or “peer-to-peer system” can lead to criminal charges of up to five years in jail and $250,000. The minimum penalty per song is $750.