Peer-to-peer networking (P2P) is an application that runs on a person's personal computer and shares files with other users across the Internet.
P2P networks connect individual computers together to share files instead of having to go through a central server. Once a P2P application is installed on a personal computer, the computer, in effect, becomes a 'mini server' and people can start downloading files from it. In the same way, a person can start downloading files from anybody else who is online and has the same application installed.
Common uses for P2P files sharing include sharing music, pictures, movie files and other documents .
Where the files being shared comprise of copyright material that belongs to someone else, then the act of downloading will be infringing the copyright owner's rights in that material.
The use of P2P to share or trade copyright works without the copyright owner's permission may give rise to an action for infringement of copyright.
The act of making copyright material available on a server in a form in which can be accessed by others is arguably exercising the copyright owner's rights of reproduction and communication to the public.
Staff or students who use P2P to make film or music available on line without the authorisation of the copyright owner may be personally liable. Students have been charged under the criminal offences of the Copyright Act for making hundreds of music files available to be downloaded.
See 1.16: Liability of schools and individuals for copyright infringement
Where a staff member is acting within the course of his or her employment, the educational institution will be vicariously liable for any infringement even where the staff member has been directed not to do that activity.
An educational institution may be found liable for authorising the infringing conduct of its staff and students, where it has provided access to the equipment used to carry out the infringing conduct (personal computers, service providers and Internet access). Educational institutions must take reasonable steps to ensure that their equipment is not used to infringe copyright.
