Purpose - The file sharing standard limits the use of peer-to-peer (P2P) applications and the sharing of files at the peer level, especially for the exchange of materials that are copyrighted. It is intended

1. to ensure compliance with applicable statutes, regulations and mandates regarding the management of information resources with regard to copyrighted materials, and
2. to educate individuals who may use the Internet and/or P2P applications or have responsibilities associated with their use.

Audience - The UTSA File Sharing Standard applies equally to all individuals with access to any UTSA information resource and those who have the ability to access the Internet and/or the intranet.

1. The unauthorized duplication and distribution of copyrighted software and multimedia files such as games or sound/movie recordings is a form of copyright infringement. Online piracy is increasing as many use the Internet to illegally distribute copies of software and multimedia files (e.g. MP3, DiVX formats). The Recording Industry Association of America (RIAA) monitors the Internet daily and scans for sites that serve as hosts for copyrighted recordings. The organization has been successful in having sound recordings removed from those sites. Any individual may report violations to the RIAA directly.

2. Federal copyright law grants the copyright owner of a sound recording (typically, a record company) the exclusive right to reproduce, adapt, distribute and, in some cases, digitally transmit their sound recordings. Therefore, the following activities, if not expressly authorized by the copyright owner, may violate their rights under federal law:

   1. Creating or saving a copy of all or a portion of a copyrighted file onto a computer hard drive, server or other hardware that has the ability to be connected to a Web site or other online forum;

   2. Converting a copyrighted multimedia file into a digital file format (such as a WAV, DiVX, DVD or MP3 file) and saving it to a hard drive or server;

   3. Transmitting a copy or otherwise permitting users to download copyrighted digital files from a Web site or other forum; and/or

   4. Digitally transmitting to users, at their request, a particular copyrighted file chosen by or on behalf of the recipient.

3. If you reproduce or offer full-length copyrighted multimedia files or software for download without the express authorization of the copyright owner, you are in violation of federal copyright law and could face civil as well as criminal prosecution. Placing disclaimers on your Web site, such as "for demo purposes only" or "sound files must be deleted within 24 hours," does not prevent or mitigate your liability. Moreover, use of these programs may also contribute to an excessive use of bandwidth and a degradation of service for other users on the UTSA network. Using these programs may lead to security issues or other serious problems for the university.

   1. Departments that require P2P applications and communication to complete their assigned university missions must provide the name of the P2P application(s) and must specify whether the P2P application requires access to the Internet. Submit your requests to annette.evans@utsa.edu.

   2. File sharing of copyrighted material (without the owner’s permission) by using File Transfer Protocol (FTP) servers is also illegal.

   3. This standard does not apply to users who access Web sites that broadcast music or radio stations that broadcast their signal over the Internet.

   4. Current copyright laws allow the owner of a music CD to copy the sound recordings for personal use only. The owner may make a compilation CD or create digital files for use on devices such as portable MP3 players.