Is Piracy a Felony? Not Necessarily And Here’s Why

Published November 21, 2023

The internet and the web have been a vast, global space for people to interact and exist connectedly. It is a wide place for people to share almost everything, from pictures to videos and stories. More importantly, the two have been an outlet where music, films, books, and other forms of media and copyrighted material are talked about and praised. While it is good to talk about it, piracy is ever-present. 

The internet has made piracy more prevalent than ever. Whether you’re being charged with illegally downloading a song. Or a movie, or an unlicensed version of Photoshop, this charge is nothing to make light of. In fact, it is a federal crime.

What Is Piracy?

Piracy, in essence, is the act of illegally stealing or distributing files that you haven’t paid for. It is the act of illegally copying protected content. Those that infringes on the owner’s copyright. It includes illegally copying copyrighted music. Stealing games. Distributing software. Also, illegally sharing of electronic books and movies. It can even be streaming that content without permission.

Online Piracy Overview

Piracy is one of the most common variations of cyber crimes. Cybercrimes can comprise just about any crime or criminal activity happening online. 

Piracy is a type of cybercrime. It deals with theft of certain types of intellectual property. Illegally downloading music is likely to be the most popular form of it. Illegal file sharing is also prevalent in games and movies. Moreover, in television shows. Finally, in a variety of different kinds of software.

Any time a file is shared or downloaded illegally online is defined as piracy and cybercrime. 

1. Illegally downloading music 

It’s almost 2024, and we’ve been listening to music online for decades. Illegally downloading and sharing music is simply out of control in the digital space. 

2. Digitally bootlegging movies 

Digitally bootlegging movies is also a dominant crime related to piracy. The Motion Picture Association of America (MPAA) estimates a deficit of nearly $3.5 billion yearly because of digital piracy. The multi-billion dollar criminal enterprise can also land you in hot legal water. It might seem innocent enough, but this act can mean serious trouble. It is when you are charged and convicted. 

Elements of a Piracy Charge

When dealing with piracy charges and convictions, two separate elements must be pleased. First, the prosecutor must prove that the piracy was intentional. It is willful. Did you intend to steal the music? Second, did you personally download or share the content? If you have a computer that more than one person uses, it might be challenging to prove that you were the one who committed the piracy. 

Is Piracy Illegal?

Piracy is illegal. Engaging in it can lead to civil and criminal liability, including fines and imprisonment. 

In most cases, only users who attempt to sell or distribute pirated content will face incarceration. In illegal downloading laws, when it comes to felony charges, a prison sentence can be up to five years. 

What Is Felony?

A felony is the most severe act of crime. People who commit it usually get jail time of at least a year. Felonies generally involve acts of violence. Think murder and manslaughter. Felonies are dangerous acts that threaten society. 

Is Piracy a Felony?

Piracy is an unlawful act that goes against specific rules and regulations. But, it is not necessarily considered a felony. Court offices and federal authorities consider it to be more of a misdemeanor. 

Jail time is only a punishment for piracy acts where the one committing it attempts to sell the pirated content. Illegal downloading laws state it can result in up to five years of prison. 

Federal authorities may also charge you a fine of $200 up to $150,000 for each pirated content you share. Rightful owners and producers of the content can also file a lawsuit. It is against the offenders.

Can Piracy Send You to Jail?

Yes. Piracy is a federal crime. It means you can go to prison for over a year if convicted. It also means that you could be facing substantial financial fines. 

Still, it is worth noting that the likelihood of receiving jail time for it is generally low. In most cases, individuals who engage in piracy may face high monetary fines. It is rather than imprisonment. The severity of consequences will differ. The type of content being pirated and the jurisdiction in which the offense occurs will matter.