Copyright laws protect the creative work of the author and retain their exclusive rights to distribute, sell or share it. According to Federal law (Title 17, United States Code, Sections 501 and 506) it is a criminal offense to infringe on the rights of the original owner of a creative work such as music even if it is obtained on the internet. The unauthorized use, reproduction, distribution, digital transmission or resale of Internet music is illegal. Those who engage in these activities are subject to Federal laws that enforce criminal and civil penalties for the illegal use of Internet music.
The illegal practice of file sharing and illegal music downloading has impacted the music industry in a negative way. Music industry experts believe that illegal file sharing and downloading have led to a decline in CD sales. New Internet technologies have given rise to a plethora of illegal peer to peer file sharing websites that encouraged the practice of illegal music downloads. The Internet has a great effect on the way copyrighted material and online music piracy has changed the approach that the music industry has in relation to the use and distribution of music. Computer and Internet capabilities have influenced the increase of illegal Internet music sharing through the use of CD burners that enables music piracy. Consequently, the music industry had to create methods of defense through the use of digital technology to discourage online music piracy.
The fair use doctrine gives persons other than the owner the right to use a creative work such as Internet music. Fair use can be used in court as a defense in cases where a person is accused of Internet music copyright infringement. Under the fair use doctrine creative work used for educational, research, comment, critique or news reporting purposes will not be seen as a copyright infringement. As such if Internet music is used for any one of these purposes fair use protects the right of the person who uses it in this manner, and they will be protected from accusations or charges of copyright infringement.