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Plan to Combat Unauthorized Distribution of Copyrighted Material

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Background

The Higher Education Opportunity Act of 2008 (HEOA) includes provisions to combat the unauthorized distribution of copyrighted material. Compliance is outlined in 34 CFR 668.14 (b)(30) and 668.43(a)(10).

Notification to Students

To comply with 34 CFR 668.43(a)(10), Roosevelt:

Must

Has Complied By

Issue a statement that explicitly informs our students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject them to civil and criminal liabilities;

  • Placing a separate section in the Student Handbook on the topic; and
  • Placing the statement on the student webpages

[Responsibility of AVP-Tech Admin & Project Mgmt, E. Thomas]

Include in the statement a summary of the penalties for violation of Federal copyright laws; and

Including links to:

  • Roosevelt University’s library webpage on copyright and fair use; and
  • Title 17 United States Code, Sections 504 and 505

[Responsibility of AVP-Tech Admin & Project Mgmt, E. Thomas]

Describe Roosevelt University’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 technology system.

Including a link to Roosevelt’s Code of Community Standards webpage.

[Responsibility of AVP-Tech Admin & Project Mgmt, E. Thomas]

 

Statement to Students

Below is the section of the Student Handbook and the statement sent to students each semester:

Downloading and Sharing Your Favorite Music may be Illegal!

Even though peer-to-peer file sharing itself is not illegal, what and how you share may be. Before you download your favorite song to share with your friends, be aware that the unauthorized distribution of copyrighted material is against United States federal law and you may be subject to criminal and civil penalties. And it’s not just songs - the law also applies to videos, games, textbooks, and any other type of creative content. You can violate the rights of the copyright holder using many different types of technology. To be sure you don’t cross that line read what the library has about copyright and fair use of materials.

File sharing networks are monitored regularly and take-down notices and subpoenas are issued to colleges demanding that student contact information be provided for the purpose of filing a lawsuit against the student. According to Title 17 of the United States Code, Sections 504 and 505 (17 USC 504, 504), those who violate the law, even unintentionally, can be subject to penalties ranging from $750 to $150,000, plus attorney and court fees.  According the Chronicle of Higher Education, one federal judge even upheld a jury’s decision to fine a Boston University graduate student $675,000 for the unauthorized distribution of only 24 songs!

Unauthorized distribution of copyrighted material is also against Roosevelt University’s Acceptable Use of Electronic Resources policy. Respect for copyrighted material and intellectual property is an important aspect of academic integrity. Choosing to ignore that can result in disciplinary actions as outlined in the Code of Community Standards. 

But all is not lost! You can find legal alternatives for downloading by visiting the following site:

•           www.educause.edu/legalcontent

This policy is based, in part, on the Susquehanna University policy as well as Title 17 of the United States Code and is in compliance with the Higher Education Opportunity Act of 2008, 34 CFR 668.43(a)(10).

Written Plans

To comply with 34 CFR 668.14(b)(30)(i), Roosevelt must develop and implement written plans to effectively combat the unauthorized distribution of copyrighted material by users of Roosevelt’s network, without unduly interfering with educational and research use of the network, that:

Must Include

Has Complied By

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

Using a packet-shaping appliance (Exinda), traffic flow from the wireless network can be limited or shut off when excessive bandwidth investigations points to copyright infringements.

[Responsibility of AVP-Tech Infrastructure & Ops, T. Hopkins]

(B) Mechanisms for educating and informing our community about appropriate versus inappropriate use of copyrighted material, including that described in Section 668.43(a)(10) [see above Notification to Students];

  • Including the Statement to Students in the online Student Handbook [Responsibility of AVP-TA&PM, E. Thomas];
  • Emailing the Statement to Students to all current students once a semester [Responsibility of Dir-Center for Student Involvement, E.Chopris];
  • Including the Statement to Students in the October Cyber Security Month campaign [Responsibility of Dir-Info Security, B. Johnson];
  • Including the Statement to Students in the New Student Orientation Program [Responsibility of Dir-Center for Student Involvement, E. Choporis]; and
  • Placing posters in computer labs [Responsibility of User Services Specialist, A. Kuehling].

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

Upon receipt of a takedown notice [Recipient, AVP- Tech Infrastructure & Ops, T. Hopkins], taking the following steps:

1. Existing tools are used to identify the computer/user [Responsibility of AVP-Tech Infrastructure & Ops, T. Hopkins];

2. If the user cannot be identified, the computer will be blocked from network access via the MAC address [Responsibility of AVP-Tech Infrastructure & Ops, t. Hopkins];

3. If the user can be identified:

(a) The computer will be blocked from network access via the MAC address [Responsibility of AVP-Tech Infrastructure & Ops, T.Hopkins]; and

(b) The user will be contacted by phone or email for issue resolution [Responsibility of  AVP-Student Affairs, S. Evans].

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

Compared to our peers, Roosevelt University receives few (averaging less than two per year) peer to peer file sharing takedown notices. We will continue to monitor these notices to watch for unexpected increases that would require additional measures. [Responsibility of AVP-Tech. Infrastructure & Ops, T. Hopkins]

Legal Alternatives for Acquiring Copyrighted Material

To comply with 34 CFR 668.14(b)(30)(ii), Roosevelt

Must

Has Complied By

(A) Periodically review the legal alternatives for downloading or otherwise acquiring copyrighted material;

Choosing to use EDUCAUSE’s Legal Sources of Online Content as its review list.

[Responsibility of AVP-TA&PM, E. Thomas]

(B) Make available the results of the review in the above paragraph to our students through a Web site or other means; and

Choosing to list EDUCAUSE’s Legal Sources of Online Content as a source in the Statement to Students (see above section). [Responsibility of AVP-TA&PM, E. Thomas]

(C) To the extent practicable, offer legal alternatives for downloading or otherwise acquiring copyrighted material, as determined by Roosevelt.

Choosing to include a direct link to EDUCAUSE’s Legal Sources of Online Content in the Statement to Students (see above section). [Responsibility of AVP-TA&PM, E. Thomas]

 

User Contact Procedures

When a user is the subject of a takedown notice, the following procedures will be followed.

1. The offending computer will be blocked from accessing the network via the Mac address. [Responsibility of AVP-Tech Infrastructure & Ops, T. Hopkins]

2. The user will be contacted via phone, if available, and email with the applicable message for the first, second or third offense. [Responsibility of  AVP-Student Affairs, S. Evans]

Message to User: First Offense

Below is the message sent to a user for a first offense:

Network Violation – First Offense

In reviewing network usage, it was determined that a computer owned or used by you was consuming an excessive amount of bandwidth. This was most likely due to (explain details of investigation). This is in violation of (list pertinent policy). Network access via this computer has been blocked.

To have network access reestablished, please disable or remove the software that caused the issue (provide details, if available). Once you have done this, respond to this email stating that you have disabled/removed the software and your network access will be restored.

 Future violations will result in longer network access suspensions and referral to Human Resources (employees) or Student Affairs (students) for possible disciplinary actions.

 The network exists for teaching, learning, research and official business. Using the network in ways that degrade its performance or violate copyright and/or other laws will not be tolerated and may subject offenders to severe civil and criminal penalties.

Message to User: Second Offense

Below is the message sent to a user for a second offense:

Network Violation – Second Offense

 In reviewing network usage, it was determined that a computer owned or used by you was consuming an excessive amount of bandwidth. THIS IS YOUR SECOND OFFENSE. This was most likely due to (explain details of investigation). This is in violation of (list pertinent policy). Network access via this computer has been blocked.

 To have network access reestablished, you must present a receipt from a computer repair company detailing the steps taken to ensure that any software or service running on the computer and responsible for this violation has been disabled/removed. Send this receipt to ITS AUD 264.

 Because this is your second offense, details of this issue have been sent to Human Resources (employees) or Student Affairs (students) for possible disciplinary actions.

 The network exists for teaching, learning, research and official business. Using the network in ways that degrade its performance or violate copyright and/or other laws will not be tolerated and may subject offenders to severe civil and criminal penalties.

Message to User: Third Offense

Below is the message sent to a user for the third offense:

Network Violation – Third Offense

 In reviewing network usage, it was determined that a computer owned or used by you was consuming an excessive amount of bandwidth. THIS IS YOUR THIRD OFFENSE. This was most likely due to (explain details of investigation). This is in violation of (list pertinent policy). Network access via this computer as well as your user account has been permanently blocked.

 Because this is your third offense, details of this issue have been sent to Human Resources (employees) or Student Affairs (students) for possible disciplinary actions.

 The network exists for teaching, learning, research and official business. Using the network in ways that degrade its performance or violate copyright and/or other laws will not be tolerated and may subject offenders to severe civil and criminal penalties.

Plan Review Date

The plan to combat unauthorized distribution of copyrighted materials was last reviewed on October 17, 2016.