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Is it illegal to download sheet music for free?

In most cases, free music downloads are illegal. Even paid downloads can be illegal if the copyright holder receives no royalties from the purchase price. The U.S. reserves the right to enforce its copyright laws even against people who download copyrighted music from overseas.

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Whether or not you can legally download music from the Internet depends on whether you have permission from the copyright holder to do so. In most cases, free music downloads are illegal. Even paid downloads can be illegal if the copyright holder receives no royalties from the purchase price. The U.S. reserves the right to enforce its copyright laws even against people who download copyrighted music from overseas.

Copyright Law and Music

A composer's original composition is automatically copyrighted the moment he reduces it to a "tangible medium" -- simply whistling an original tune will not copyright it but recording it will. Once the copyright is registered with the U.S. Copyright Office, additional legal protections apply. The most significant among these is that a copyright infringer can be sued for statutory damages of between $750 and $150,000 per infringement, even if the copyright holder cannot prove that the infringement damaged his economic interests. The maximum penalty is more likely to be applied to uploading rather than downloading because the potential economic loss is greater.

The "Fair Use" and "First Sale" Exceptions

The fair use exception to copyright law allows you to use a small portion of a copyrighted song without violating the copyright, as long as the use serves a beneficial purpose such as education, parody or commentary. This exception does not allow you to download an entire song, however. In the event of a lawsuit, a court would weigh several factors, including the size of the portion you used compared to the size of the entire song and whether or not you profited commercially from your use, to determine whether the fair use exception applies. The first sale exception allows you to obtain a second-hand copy of a copyrighted song without paying royalties to the copyright holder. Although the first sale exception would apply to buying a second-hand DVD, it does not apply to downloading music, because downloading requires the creation of a new copy.

Enforcement

The Recoding Industry Association of America represents several of the United States' largest record labels. Normally, record labels, rather than artists, own the copyrights to the songs written by the artists. In September 2003, the RIAA filed 793 copyright infringement lawsuits against users of peer-to-peer networks. The defendants included users who uploaded music but also included users who only downloaded. Additional enforcement actions have followed this first round of lawsuits.

Legal Downloads

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What is considered the best song ever written?

Aretha Franklin's 'Respect' named Greatest Song of All Time by Rolling Stone. (WTRF) – Rolling Stone has released its latest list of the 500 Greatest Songs of All Time, and the Queen of Soul is at the top. Aretha Franklin's “Respect” topped the list as the No. 1 song, according to the entertainment magazine and website ...

(WTRF) – Rolling Stone has released its latest list of the 500 Greatest Songs of All Time, and the Queen of Soul is at the top. Aretha Franklin’s “Respect” topped the list as the No. 1 song, according to the entertainment magazine and website. The outlet said the 1967 hit “catalyzed rock & roll, gospel, and blues to create the model for soul music that artists still look to today.” “Just as important, the song’s unapologetic demands resonated powerfully with the civil rights movement and emergent feminist revolution, fitting for an artist who donated to the Black Panther Party and sang at the funeral of Martin Luther King Jr.,” Rolling Stone added. “In her 1999 memoir, Franklin wrote that the song reflected ‘the need of the average man and woman in the street, the businessman, the mother, the fireman, the teacher — everyone wanted respect.’ We still do.” Marvin Gaye’s “What’s Going On,” which took the top spot last year, came in at No. 6 this year.

Here’s the list’s top 10:

1: Aretha Franklin — “Respect”

2: Public Enemy — “Fight The Power”

3: Sam Cooke — “A Change is Gonna Come”

6: Marvin Gaye — “What’s Going On”

7: The Beatles — “Strawberry Fields Forever”

8: Missy Elliott — “Get Ur Freak On”

9: Fleetwood Mac — “Dreams”

10: Outkast — “Hey Ya’

Rolling Stone first published its Greatest Songs list in 2004, and it says it’s “one of the most widely read stories in our history.”

Click here to see the full list of the top 500 songs.

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