Irma to take legal action against 50 internet music uploaders

Some 50 individuals and companies will face legal action in the new year for illegally making copyright music available to download…

Some 50 individuals and companies will face legal action in the new year for illegally making copyright music available to download from the internet.

The Irish Recorded Music Association (Irma) is targeting "serial file-sharers" who have made thousands of copyright music tracks available on file-sharing internet networks.

Making music available to download on file-sharing networks is known as "uploading". Irma said it was targeting uploaders rather than those who download music illegally. However, many people are involved in both. It said yesterday that the 50 uploaders could be connected to up to two to three million others on the internet at any one time.

The announcement yesterday is the second phase in Irma's campaign against illegal music downloading.

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Last April the association took cases against 17 individuals and companies. Of these, 12 settled out of court at an average of €2,500 each. Irma is suing a further three and is considering its legal options in the two remaining cases.

If prosecuted under the Copyright Act 2000, illegal music filesharers could face a fine of up to €1,900 for each song uploaded, said its director general Dick Doyle.

Four of the 12 people who settled out of court for illegal file-sharing were teenagers, he said, and many parents had to pay the fine. Irma expects the vast majority of the 50 music file-sharers facing charges to be individuals, who are likely to be in their teens or 20s and 30s, rather than companies.

Mr Doyle said the association had hoped not to have to continue with legal action, but had no choice as illegal file-sharing had continued.

He said there was no excuse for illegal downloading of music with so many legal sites charging only 99 cent a song. "We're not in favour of stealing. And lovers of music shouldn't be taking the bread from artists' mouths and stopping the development of new artists," said Mr Doyle.

Chairman of Irma Willie Kavanagh estimated that the 50 uploaders facing legal action represented only 10 per cent of those involved in illegal music file-sharing in the Republic.

Irma will go to the High Court in early December to seek the release of the 50 names from internet service providers Eircom, Esat, Chorus and Irish Broadband. "We are confident that we will get the names, and in early January the 50 people will get letters notifying them of legal action," said Mr Doyle.

In the past three years illegal downloading has cost the music industry an estimated €28 million. According to research conducted in 2004, 250,000 people admitted to illegally downloading music.

Uploading or illegal file-sharing - mass copying and distribution of music files - is an infringement of copyright if done without the owners' permission. It is not considered to be private copying because over half a billion users have instant access to material on the internet.