P2P File Sharing: Staying On The Right Side Of Copyright

Out of the frying pan and into the fire - that’s what’s happening now with P2P sharing sites. It’s been a long while since anyone has been sued over downloading of music, but that doesn’t mean that illegal file sharing is dead, or that small suits or cease and desist letters aren’t still going out.
 
The fact that P2P file sharing exists means that there’s a demand for an easy way to share files. At the same time, there’s a heightened awareness of the legal ramifications and dicey downloads. Here’s how to stay out of hot water when you go in for a file-sharing swim.
 

Is File Sharing Illegal?

File sharing refers to uploading or downloading a file to the Internet, or using a file sharing program, like the Vuze torrent client. This, in and of itself, isn’t illegal. In fact, there are many legitimate uses of file sharing technology.
 
Sites, like Vuze, for example, discourage copyright infringement and encourage the sharing of public domain and freeware files and programs, and content bundles where the copyright holders have authorized the free sharing of their content. Corporations even use P2P applications like these to make sharing non-sensitive and even sensitive corporate files easier to share and download.
 

When Is It Legal To Share Files?

Legal and non-infringing files are any files that are not protected by copyright or where the copyright holder has authorized free sharing. For example, freeware applications or open source applications, like LibreOffice, would constitute legal sharing. Personal photos, , audio and video files as well as documents are also all legal files in as far as file sharing is concerned.
 
Finally, any file that’s in the public domain, where the copyright holder has used a Creative Commons type license, or that contains provisions for sharing (i.e. “copyleft” files) may be shared, but only under the terms of the license associated with the file.
 

When Is It Illegal To Share Files?

This is pretty easy. Think about the types of files, music, video, and other, that float around on the Internet. Now, think about those files and whether or not they would be copyright-protected, and whether or not the copyright holder would authorize the free sharing of those files.
 
In most instances, you’ll find that popular files are copyright-protected and the copyright holder has not authorized free sharing. This means it’s illegal and infringing for you to upload and share them. So, for example, let’s say you just purchased a new Xbox One game. You paid a lot of money for it, but you don’t think others should have to do the same, so you figure out how to “rip” the game off of the disc and upload it so others can play it.
 
Right there, that’s a problem. The game is protected by copyright and the game developer has not authorized you or the general public to share, let alone copy, the game. Your sharing it is not cool - it’s also not legal.
 
Another example, perhaps a more common one, is the sharing of music files of popular, major label artists. If the song is protected by copyright, then it’s illegal to share it without explicit permission from the copyright holder or owner.
 

Consequences of Sharing Illegal Files

The penalties for infringing on copyright-protected files are steep. In the U.S., you face a fine of up to $150,000 for each work infringed. Companies like Sony and Universal are very serious about protecting their copyright too, with famous cases like Sony BMG vs Tenenbaum and RIA v. Thomas-Rassett proving that large companies are willing to bankrupt you to protect themselves and their clients’ property.
 
This article was written by Cindy Case
Cindy Case who loves watching technology evolve. She spends her free time sharing her insights on a variety of Internet blogs.