Greenville Woman Sued after Downloading Music

Record companies have sued a Greenville woman for thousands of dollars after her kids downloaded songs off the internet. She's one of several people being sued across the country after using a popular website called LimeWire.

Teresa Kelley got the surprise of her life. Said Kelley, "I was shocked! I couldn't believe this."

After paying a $20 fee, she says her kids have been downloading songs on their computer for years through peer to peer software on a website called LimeWire. Said Kelley, "I called my husband at work and I said you won't believe this."

She got slapped with a lawsuit from record companies. Explained Kelley, "We can settle out of court for $4,000 or go to court and be charged up to $30,000."

The lawsuit alleges she distributed the music. How? We asked copyright attorney Jim Bagarazzi, who is not associated with this case, to explain the allegation. Said Bagarazzi, "If I participate in one of these peer to peer deals, somebody in California who is a participant can download that song from my computer and not pay the record company anything."

LimeWire's website has a warning that people who receive copyrighted works without permission may violate copyright laws. But Kelley believes LimeWire is responsible for enabling her kids to download the music.

We asked Bagarazzi whether a peer to peer company bears any responsibility for enabling customers to download copyrighted material. Said Bagarazzi, "The record companies say 'Yes.' That's why these suits are being brought." The record companies have sued LimeWire, alleging that millions of infringing copies of sound recordings have been made. In a court document, LimeWire denies the allegation. The court battle is still ongoing.

Kelley says even settling her case for $4,000 will be a painful check to write. Said Kelley, "My daughter's first year of college this fall, that was, that would just about pay her first year at Greenville Tech."

LimeWire could not immediately be reached for comment.

What can you do if you're sued for downloading music? Check you homeowner's insurance policy. Attorney Jim Bagarazzi says some policies will cover the cost of defending the lawsuit because the incident happened in your home.

How can you make sure you download music without getting sued? Use well known, reputable companies and check to make sure they have an agreement with the record company. A site called www.musicunited.org lists what is says are legal download sites. Here's a link:

http://www.musicunited.org/6_legalsites.html.
Teresa Kelley got the surprise of her life. Said Kelley, "I was shocked! I couldn't believe this."

After paying a $20 fee, she says her kids have been downloading songs on their computer for years through peer to peer software on a website called LimeWire. Said Kelley, "I called my husband at work and I said you won't believe this."

She got slapped with a lawsuit from record companies. Explained Kelley, "We can settle out of court for $4,000 or go to court and be charged up to $30,000."

The lawsuit alleges she distributed the music. How? We asked copyright attorney Jim Bagarazzi, who is not associated with this case, to explain the allegation. Said Bagarazzi, "If I participate in one of these peer to peer deals, somebody in California who is a participant can download that song from my computer and not pay the record company anything."

LimeWire's website has a warning that people who receive copyrighted works without permission may violate copyright laws. But Kelley believes LimeWire is responsible for enabling her kids to download the music.

We asked Bagarazzi whether a peer to peer company bears any responsibility for enabling customers to download copyrighted material. Said Bagarazzi, "The record companies say 'Yes.' That's why these suits are being brought." The record companies have sued LimeWire, alleging that millions of infringing copies of sound recordings have been made. In a court document, LimeWire denies the allegation. The court battle is still ongoing.

Kelley says even settling her case for $4,000 will be a painful check to write. Said Kelley, "My daughter's first year of college this fall, that was, that would just about pay her first year at Greenville Tech."

LimeWire could not immediately be reached for comment.

What can you do if you're sued for downloading music? Check you homeowner's insurance policy. Attorney Jim Bagarazzi says some policies will cover the cost of defending the lawsuit because the incident happened in your home.

How can you make sure you download music without getting sued? Use well known, reputable companies and check to make sure they have an agreement with the record company. A site called www.musicunited.org lists what is says are legal download sites. Here's a link:

http://www.musicunited.org/6_legalsites.html.