HEOA P2P Compliance Procedures

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Contents

Introduction

This document contains information, policy language, and procedures for addressing the requirements of the Higher Education Opportunity Act regarding the illegal sharing of music, movies, and games using peer-to-peer (P2P) file sharing. It represents the College’s response to the updated requirements mandated by the legislation and overseen by the Department of Education, and the College policy applies to all campus constituents – students, faculty, and staff. This document contains specific language applicable to the student population.


Relevant Information Links

Centre College Copyright Information http://copyright.centre.edu/

Information Technology Peer-to-Peer File Sharing Notice http://wiki.centre.edu/its/index.php/P2P_File_Sharing_Notice

Student Handbook Acceptable Use Policy

http://www.centre.edu/web/students/handbook.pdf , page 56


Technology-based Deterrents in Place

Centre College actively employs several measures to deter the illegal sharing of files as defined by the Digital Millennium Copyright Act. The College has designated its Coordinator of Network Services – a staff position in the Information Technology Services department – as the Digital Millennium Copyright Agent. This individual and other key members of the College management team have collectively created the policy statement contained within this document and will serve as the group which will periodically review the policy and the monitoring of its consequences.

The College will employ the following methods to deter illegal P2P file sharing:

  1. Centre College will respond to bona fide notices of copyright violations received from copyright holders. This response includes appropriate replies to official DMCA notices representing both the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA). College officials will cooperate fully with representatives of official agencies, providing all information requested and assisting in the resolution of all instances being investigated.
  2. The College also uses bandwidth shaping technology, employing a Packeteer 7500 Packet Shaper device. The College chooses not to block all peer-to-per file sharing activating as some of it is legal and a valuable tool for legitimate academic activities. However, certain applications are assigned priorities that provide expanded/contracted bandwidth for their use Specifically, applications which are known to be environments that are used to illegally download entertainment files are throttled to the lowest limit our shaping solution permits. In this way, constituents who engage these processes will experience unsatisfactory results and will therefore be indirectly discouraged from engaging in that specific activity.
  3. The Coordinator of Network Services, with assistance from the ITS technical service and support staff, regularly monitor internal network traffic as part of managing the institution’s intranet. Abnormally large uses of bandwidth and/or other extraordinary evidence of non-regular bandwidth utilization, when noted, are investigated to the extent possible. When such activity can be clearly attributed to a specific user machine, the constituent is contacted and appropriate steps are taken to resolve the problem cooperatively.

Informing the Community

Centre College provides information about illegal file sharing in several ways. The Coordinator of Network services serves as the campus Officer for DMCA Alerts and will send a yearly HEOA P2P notice to the campus community. See Appendix [A]. The Acceptable Use Policy statement, which is published in the Student Handbook, includes an item concerning the illegal aspects of peer-to-peer file sharing and the consequences associated with its use. Written notices of the College’s policy regarding peer-to-peer file sharing also appear on the ITS departmental wiki alongside other policies and procedures concerning the technology environment on campus. The information is also sent in printed form to all incoming first-year students and in a separate document to their parents/guardians. Links to documents containing the policy information are present on the Campus Life Tab on Centrenet, the Campus constituent portal.

The College also advises its constituents of the broader issues regarding copyright and fair use of materials, including digital media (images, video, and music) and printed material. See http://copyright.centre.edu/ .

Procedures for Management of Unauthorized Distribution of Copyrighted Materials

When it is determined that a member of the College community is suspected of distributing copyrighted materials through the use of peer-to-peer file sharing, the Coordinator of Network Services will conduct a thorough investigation of the circumstances and bring all pertinent information to the attention of the Director, Information Technology Services. The Director of ITS may then refer the matter to the appropriate Centre College Senior Staff official for appropriate action. In the case that the offender is a student, the information is referred to the Vice President for Student Affairs.

In the event of serious (including the processing of DMCA notices) or repeat violations, College Officials have at their disposal appropriate escalation procedures, e.g. the sanctions and penalties outlined in the Centre College Student Handbook section on Social Responsibility and Student Conduct Regulations, pages 93-95.

NOTE: DMCA notices that come from outside the campus are based on investigations that have already been conducted. State and Federal officials have the authority to prosecute offenders based on the evidence they possess relative to the incident. The jurisdiction of such officials supersedes that of any College sanctions.

Alternative Legal Sources for On-line Music and Videos

Centre College’s Center for Teaching and Learning (CTL) maintains a list of on-line resources and collections that provide free or limited access to and license to use, reuse, and distribute certain digital music and video files. These on-line collections contain royalty-free files or files that have been donated to the public domain. Each website includes information about the conditions under which these files can be used; please consult the FAQ of the website for clarification of these restrictions, if they exist. This list can be found on the CTL website at http://ctl.centre.edu/digital%20resources/index.html

In addition, Centre College has institutional distribution rights to certain physical-copy music and video collections for student and faculty use. These subscriptions and physical copies are held within the Centre College library and Center for Teaching and Learning. Depending on the licensing terms for each collection, these files may be distributed via the campus network to a limited number of students and faculty enrolled in a particular course, when the use of these files are critical to the delivery of the course.

An additional source is available at

http://ctl.centre.edu/learning%20resources/software/freemusic.html .

Appendix [A] Yearly HEOA P2P community notification email text

In accordance with the Higher Education Opportunity Act of 2008 (HEOA) which added provisions to the Higher Education Act of 1965, Centre College is providing this annual disclosure of information related to the unauthorized distribution of copyrighted materials through illegal downloading or peer-to-peer distribution of intellectual property. Campus users are reminded that federal copyright laws apply to many forms of intellectual property including copyrighted music and videos.

Always respect copyright laws! This warning applies to printed and digital material. Do not engage in illegal music, video, or movie downloads. When it is determined that a member of the college community is suspected of distributing copyrighted materials without proper authorization, the Coordinator of Network Services will conduct a thorough investigation of the circumstances and bring all pertinent information to the attention of the Director of Information Technology Services. The Director of ITS may then refer the matter to the appropriate Centre College Senior Staff official for appropriate action. In the case that the offender is a student, the information is referred to the Vice President for Student Affairs.

In the event of serious (including the processing of DMCA notices) or repeated violations, College Officials have at their disposal appropriate escalation procedures, e.g. the sanctions and penalties outlined in the Centre College Student Handbook section on Social Responsibility and Student Conduct Regulations, pages 98-101.

NOTE: DMCA notices that come from outside the campus are based on investigations that have already been conducted. State and Federal officials have the authority to prosecute offenders based on the evidence they possess relative to the incident. The jurisdiction of such officials supersedes that of any College sanctions.

Copyright infringement includes civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, at its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment for up to five years and fines of up to $250,000 per offense.

For more information, please see the following web sites:

Centre College Copyright Information at http://copyright.centre.edu/

Information Technology Peer-to-Peer File Sharing Notice at http://wiki.centre.edu/its/index.php/P2P_File_Sharing_Notice

Student Handbook Acceptable Use Policy http://www.centre.edu/web/students/handbook.pdf, page 61.

U.S. Copyright Office at http://www.copyright.gov/, especially their FAQ’s at http://www.copyright.gov/help/faq