San Francisco, CA asked in Intellectual Property and Internet Law for California

Q: I used to use Napster in 2000 to download music. Can I still get sued by any of those copyright holders?

1 Lawyer Answer
Guvenc Acarkan
Guvenc Acarkan

A: Copyright Act sets civil statute of limitations to 3 years and criminal proceedings statute of limitations to 5 years. (U.S. Title 17 Section 507). You will not be sued under Copyright Act. Whether there is a state law in California that has an unusual statute of limitations exceeding 18 years, I am not sure, but very very highly unlikely. The real question is are you still violating the Copyright Act with your current use of the downloaded music. If you still make use of the downloaded music that is another issue and I would advise you to consult an attorney in your State.

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