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Schreiner University
Compliance with the Higher Education Opportunity Act (HEOA)

Requirements for Peer-to-Peer File Sharing

Introduction

In 2008 the Higher Education Opportunity Act was signed into law. Several of the Act’s provisions are intended to reduce unauthorized duplication of copyrighted works through peer-to-peer (P2P) file sharing on campus networks. This Act includes provisions requiring educational institutions to combat the unauthorized distribution of copyrighted materials by users of their networks. These provisions require that

1. upon request, the institution supply prospective and current students with the following information (annual disclosure):

A) a statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;

B) a summary of the penalties for violation of Federal copyright laws; and

C) a description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system.

2. the institution develop and implemented written plans to effectively combat unauthorized distribution of copyrighted material by users of the institution’s network without unduly interfering with educational and research use of the network. Plans must include the following four components:

A) the use of one or more technology-based deterrents;

B) mechanisms for educating and informing its community about appropriate versus inappropriate use of copyrighted material

C) procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures; and

D) procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials by users of the institution’s network using relevant assessment criteria.

3. to the extent possible, the institution must offer legal alternatives for downloading or otherwise acquiring copyrighted material. The institution must also periodically review the legal alternatives and make the results of such review available to students through a web site or other means

4. the institution make readily available upon request to enrolled and prospective students

A) Institutional policies and sanctions related to copyright infringement, including—

B) A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;

C) A summary of the penalties for violation of Federal copyright laws; and

D) A description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system

In compliance with that legislation and the Department of Education’s regulations in 34 C.F.R. Part 668 (Subpart D) Schreiner University students, faculty and staff are hereby notified of this Act.

COMPLIANCE

Schreiner University’s compliance with the above requirements

1. Annual Disclosures

Notice to Students about P2P and File Sharing
Notice to Faculty and Staff about P2P and File Sharing

2. Schreiner University’s Copyright Infringement Deterrence Plan

3. SU Department of Information Services Network Procedures for Policy Violations

4. Legal Alternatives for Downloading Digital Music and Videos

Resources for More Information

Copyright Law

Digital Millennium Copyright Act (October1998)
Full text of the Act located on file with the Library of Congress

No Electronic Theft Act (LaMacchia Bill)
Full text of the Act located on file with the Library of Congress

Copyright Tutorials
EDUCAUSE lists a full range of research, reports and other publications that EDUCAUSE and its members have written about Copyright Tutorials.

Fair Use

The following resources were collected by the Center for Social Media at American University.

Portions of this page are based on web documentation produced by Texas State University and are used with permission.