The P2P Wars

The emergence of P2P technologies in the early 2000s led to changes in both the law and how it is enforced. P2P technology allows individuals to connect directly with other individuals’ machines for the purpose of swapping files. Users who download and install P2P applications can share music, movies or any other files present on their hard drives. Although P2P technologies have become notorious as tools for copyright infringement, using a P2P network to share music with the authorization of the copyright owner is legal. In fact, many musicians have used the technology to promote their music.

However, sharing music on a P2P network, without the copyright owner’s permission infringes his copyrights. The reproduction right grants the copyright owner the exclusive right to make copies of his work. The distribution right ensures the exclusive right to distribute copies whether through sale, licensing, or lending. When music is shared via a P2P network, the person who downloads it is making a copy of both the sound recording and the underlying composition. And whenever a user downloads music using the P2P network, the uploader has effectively distributed a copy of the music.