Woman Who Claimed RIAA Infringement Damages Were Unconstitutional Settles For $756/Song

from the cheaper-to-settle-than-to-fight dept

We were a bit surprised last month when Denise Barker, who had been fighting the RIAA in a file sharing lawsuit decided to take the strategy of admitting guilt but challenging the constitutionality of the Copyright Act. That seemed like a longshot that was unlikely to play well in court -- especially a court that had already decided against her in interpreting the whole "making available" thing. So, it should come as little surprise that Barker has agreed to settle, rather than fight on, even if her lawyer, Ray Beckerman was more than willing to keep fighting.

The settlement comes to $756 for each of the eight songs she's accused of sharing, and the details of the settlement work out that she'll be paying $110 per month for 55 months (running through February of 2013). That adds up to $6,050, which I imagine will put a crimp on Barker's spending on actual music. While she did break the law, and admitted to breaking the law, the punishment does seem way out of line with the "crime." It's arguable that she did any "damage" at all to the recording industry, as there's a decent chance that she actually helped promote certain artists.

Filed Under: copyright, denise barker, lawsuit, riaa, settlement
Companies: riaa

Woman Admits File Sharing; Challenges Constitutionality Of Copyright Act

from the now-that's-chutzpah dept

A few years back, there was a research paper released that posited that the fines sought by the RIAA for copyright infringement were unconstitutional. While this argument has been brought up in some court cases, and even considered by judges, it's yet to have been an important part of any decision. That may be about to change.

In the Elektra vs. Barker lawsuits, where earlier rulings had clearly sided with the RIAA on the question of whether or not "making available" was infringement, defendant Denise Barker is taking a new tack: admitting to infringement, but challenging the constitutionality of both the fines and the Copyright Act itself for establishing those fines. Instead, Barker notes that a reasonable "loss" on a downloaded piece of music is about $3.50 (which even sounds high). Considering that the fines start at $750 and go up from there, there's a reasonable argument to be made that the fines are excessive (and there's some case law to support that).

While it's an interesting argument, the chances of a judge buying it seem slim (especially considering the court already sided with the RIAA on most of the "making available" thought process). It will be a fascinating lawsuit to watch, but the odds are pretty strong against having the court decide that the Copyright Act is unconstitutional.

Filed Under: constitutionality, copyright, copyright act, denise barker, fines, ray beckermann