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Colgate University Plan for Compliance with the Higher Education Opportunity Act (HEOA) Peer-to-Peer File Sharing Requirements
Introduction
The Higher Education Opportunity Act (HEOA) is a reauthorization of the Higher Education Act. It includes provisions that are designed to reduce the
illegal uploading and downloading of copyrighted works, particularly through peer-to-peer (P2P) file sharing. These provisions include requirements for:
- An annual disclosure to students describing copyright law and campus policies related to violating copyright law, which informs students that the unauthorized distribution of copyrighted materials, such as P2P file sharing, may subject students to civil and criminal liability. The annual disclosure also informs students of the penalties for violating Federal copyright laws and describes Colgate's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary sanctions that may be imposed against students for such illegal actions while using Colgate's information technology system.
- A plan to "effectively combat the unauthorized distribution of copyrighted materials" by users of its network, including "the use of one or more technology-based deterrents".
- A plan to "offer alternatives to illegal downloading".
This document outlines Colgate's plan to comply with these requirements and directs the reader to additional policies and procedures relating to copyright infringement.
Annual Disclosure
We use several methods to inform our community about the law and Colgate's response to copyright infringement claims:
- Every fall we send an email to all students and employees regarding illegal distribution of copyrighted materials.
- The results of the University's periodic review of legal alternatives for downloading or otherwise acquiring copyrighted material are made available to students and employees.
- Computing support staff, including student workers, are regularly trained on the University's policies and procedures and its compliance obligations under HEOA with respect to copyright issues.
- The computing staff periodically briefs members of the Student Senate about copyright, illegal file sharing, and related issues.
- Colgate's policies and procedures concerning the Digital Millennium Copyright Act (DMCA) and our response to infringement claims are published on Colgate's web site at the following address: Click Here
Plans to "Effectively Combat" the Unauthorized Distribution of Copyrighted Material
Colgate currently deploys an Allot Net Enforcer to shape bandwidth. When we discover a system using excessive bandwidth, we contact the owner to ensure that the bandwidth consumption is for legal purposes and that the user is aware of Colgate's policies concerning illegal file sharing.
Colgate responds to all DMCA notices according to policies published on our web site here.
Offering Alternatives to Illegal File Sharing
Below is a link to the EDUCAUSE web site list of Legal Sources of Online Content. The same link is included in the annual email to students regarding P2P file sharing. Members of the Colgate community are encouraged to take advantage of these legitimate sources of digital content. http://www.educause.edu/legalcontent
Reviewing Effectiveness
Beginning in 2012-13 and periodically thereafter, the University, in consultation with our Chief Information Technology Officer, will survey community members to assess the extent to which our anti-piracy and copyright infringement messages are reaching them, and will review the following: (1) legal alternatives for downloading or otherwise acquiring copyrighted material; (2) the extent to which community members are taking advantage of legal alternatives; (3) the impact of our technical efforts to combat illegal file sharing; (4) technological developments for combating copyright infringement; and (5) other aspects of our plans to combat the unauthorized distribution of copyrighted materials.