Doing Time

When considering the consequences of copyright infringement, we tend to think about money damages or an injunction that stops a project dead in its tracks. Would anyone be surprised to learn that you could go to jail for copyright infringement? If so, put on a DVD and actually watch the warning. When you see it, you will learn what Kevin Cogill knows -- that copyright infringement can be criminal and result in up to one year in prison and a $100,000 fine.

Kevin Cogill uploaded nine tracks from the new Guns N' Roses album "Chinese Democracy" to the internet prior to the album release. He was prosecuted for criminal copyright infringement and ultimately pled guilty. In his plea, Cogill admitted that he got the tracks from a third-party, but the source was undisclosed. The uploaded tracks were available for download by the public at large. Through advertising on his website, Cogill profited from the availability of the songs on his website. Now, the government has asked that he be sentenced to six months imprisonment in an effort to deter other infringers. In particular, the government called leaks of pre-release works a "serious and growing commercial threat demanding more of a punishment than a slap on the wrist." The RIAA, the recording industry trade association, in a victim impact statement, claimed that the recording industry lost more than $3 million in sales as a result of Cogill's acts. The $3 million in sales roughly equals 150,000 copies of the album.