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Music Copyrights

The use of music on campus is subject to the Copyright Act of 1976, as amended.

Peer-to-Peer File Sharing

One of the biggest copyright issues today is peer-to-peer file sharing, where music, movies, and other copyright-protected works are shared over the Internet without regard to copyright. For colleges and universities, file sharing activities of students are of concern because of the large amounts of network capacity used by file swappers, compromised network security caused by the peer-to-peer network protocol, and use of campus resources for illegal activities. Congress addressed the issue in the Higher Education Opportunity Act of 2008, requiring colleges and universities that receive federal student aid funding to establish policies on peer-to-peer file sharing (or P2P, as it has become known).

• EDUCAUSE P2P Resource Page
• Department of Education "Dear Colleague" Letter on HEOA Requirements  (June 4, 2010)
• Joint Committee of the Higher Education and Entertainment Communities Technology Task Force

Performance Rights Organizations

For almost thirty years, NACUBO and the American Council on Education have negotiated model licensing agreements for colleges and universities with the three performance rights organizations, ASCAP, BMI, and SESAC. Copyright owners join one of these organizations to represent their interests and collect royalties for the public performance of musical compositions; therefore, for comprehensive coverage a college or university needs to have a license with each organization. The model licenses were last renogiated in 2007, and will be in effect for five years with options for additional extensions.

• ASCAP
• Broadcast Music, Inc. (BMI)
• SESAC

Sound Recordings

A license covering webcasting by noncommercial educational entities is available from SoundExchange.

• SoundExchange

News

• ED Reminds Institutions of Illegal File Sharing Requirements
  (June 7, 2010)

• Few Changes Made to Final HEOA Rules
  (November 9, 2009)

• ED Releases NPRM on General and Non Loan Issues
  (August 21, 2009)

• File-Sharing Bill Harmful to College and Universities
  (October 17, 2007)

• Witnesses Tell Congress Colleges Aren't Doing Enough to Stop Illegal File Sharing
  (October 4, 2006)

• BMI Rates Under College License Clarified
  (February 3, 2006)

• Colleges Fight Acacia’s Patent Claims to Online Audio and Video Use
  (August 25, 2004)

• Paper Outlines Efforts to Thwart Illegal File Sharing
  (April 8, 2004)

Contact

Anne Gross
Vice President, Regulatory Affairs
202.861.2544
E-mail