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Peer-to-Peer (P2P) Distribution of Intellectual Property and Illegal Downloading

Peer-to-peer (P2P) is an approach to content distribution in which digital files are transferred between “peer” computers over the Internet. Because they do not rely on a central server to deliver content, P2P networks tend to be fast and reliable—they can balance traffic loads that might otherwise overwhelm servers, and they minimize the chance of service breakdown due to localized server or communication outages. As a new channel for content distribution, P2P changes the conventional hierarchy of information. The roles of producer, consumer, and gatekeeper of digital content blur, and more information and resources can be delivered to more people and applications than otherwise would be possible. P2P technology has the potential to play an important, positive role in the fulfillment of institutional missions of teaching, research, and the dissemination of knowledge, but there are some very important – and legal – things to know to protect you from expensive and embarrassing lawsuits.  Of particular importance are the chapters covering sound recordings, the Digital Millennium Copyright Act of 1998, and The Intellectual Property Protection and Courts Amendments Act of 2004, covered in the following link:

www.copyright.gov/title17/  

Note:  Texas Woman’s University’s (Acceptable Use Policy) prohibits the use of its network for the unauthorized duplication, use, or distribution of copyrighted digital materials, regardless of the method employed (e.g., web pages, peer-to-peer (P2P) file sharing, email, etc.). You must have fair use rights or authorization from the copyright holder for any material you use, make available, or share over the campus network. 

Learn More about Copyright and File Sharing:

  • Music United
    What the music industry says about copyright infringement.

Note: - if you have questions or need support related to these instructions for a campus-owned computer, you should contact Texas Woman’s University’s Tech Support at (940)898-4878 or email techsupport@twu.edu, not the University of Chicago.

Legal Options for Enjoying Digital Music and Video:

Visit the web sites of your favorite artists as many offer free downloads of their music.  Note, however, that while it’s OK for you to distribute the site links, it’s generally not OK to distribute or make the music itself available to others through your own site.

  • Important Note: Before signing up for any digital music or video service, carefully read the site’s privacy policy and/or terms of use statement to be sure that the service is an authorized distribute the material that it makes available to you. Both free (e.g., www.limewire.com) and fee-based (e.g., www.musicetc.com) software may utilize unauthorized distribution channels for copyrighted material, such as the Gnutella file sharing network. Buying a license to file sharing software does NOT necessarily give you legal access to the music it makes available, and it almost never allows you to further distribute that music. The following excerpt from Music, Etc.’s privacy policy is a good example of what to look for to determine if your fee does or does not include any rights to the music itself.
    • The Music, Etc.™ download system (the "Service") allows Music, Etc.™ members ("Members") to access and download content (including, without limitation, music files, movies, games, software and/or pictures) generally available for downloading over the Internet via the Gnutella Network (collectively, the "Download Content"), through use of our proprietary Download Software. Music, Etc. ™ provides the Service and associated Download Software only and is in no way involved in the provision of, and makes no representation as to the legality of, Download Content. The Service and Download Software are made available to our Members, subject to the terms and conditions of this Agreement.

page last updated 10/29/2011 12:47 PM