Internet Law News

Internet Posting Of Copyrighted Music Leads To Federal Indictment Of  Two Men

Nashville, TN - March 9, 2006- The internet posting of not yet released copyrighted music recorded by Ryan Adams & the Cardinals for Nashville-based Lost Highway Records led to the federal indictment yesterday of Robert Thomas of Milwaukee, Wisconsin and Jared Bowser of Jacksonville, Florida announced U.S. Attorney Jim Vines and My Harrison, Special Agent in Charge, FBI, Memphis Division.

The indictment alleges that Thomas and Bowser obtained and made portions of “Jacksonville City Nights,” an album of music recorded by Ryan Adams & the Cardinals for Lost Highway Records, available for copying by the public prior to its commercial release to the public, by posting the songs in August 2005 on an Internet website frequented by Ryan Adams fans. Lost Highway Records is a component of Universal Music Group. Copyrights to the songs were held by Universal Music Group, which did not grant authority for the internet distribution.

“Any perception that copyright violations are victimless crimes is just plain wrong,” stated Jim Vines. “Theft of music, trade secrets and other intellectual property victimizes the creators of such works, who have a legal right to determine how their work is distributed. These crimes also victimize the companies that foot the bills for the creative process, who are entitled to a fair return on their investment. Whether stolen intellectual property is given away or sold by thieves for a profit, the rightful owners of such property are still hurt. Many individual and corporate victims of copyright crimes live, work and create here in the Middle District of Tennessee, and persons who knowingly violate federal copyright law face serious consequences whether or not they intend to harm anyone. Federal copyright violations are both a national and local priority, and will be aggressively prosecuted in this district.”

If convicted on all counts, the defendants each face a potential of 11 years imprisonment. All criminal defendants are presumed to be innocent unless or until their guilt is proven beyond a reasonable doubt.

The case was investigated by FBI agents and is being prosecuted by the Computer Hacking and Intellectual Property Section (“CHIPS”) of the United States Attorney’s office.

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