HEOA Compliance

Introduction:

H.R. 4137, 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 copyright protected works through peer-to-peer (P2P) file sharing, which is illegal under the Digital Millennium Copyright Act (DMCA).  These provisions include requirements that:

• Institutions make an annual disclosure that informs students that the illegal distribution of copyright protected materials may subject them to criminal and civil penalties and describes the steps that institutions will take to detect and deter illegal distribution of copyright protected materials.
• Institutions certify to the Secretary of Education that they have developed plans to “effectively combat” the unauthorized distribution of copyright protected materials.
• Institutions, “to the extent practicable,” offer alternatives to illegal file sharing.
• Institutions identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyright protected materials.

The following outlines Lewis & Clark’s plan to comply with these requirements.

Annual Disclosure:

Consistent with our educational mission, we view education as the most important element in combating illegal sharing of copyright protected materials at Lewis & Clark.  We use a variety of methods to inform our community about the law and Lewis & Clark’s response to copyright infringement claims.

• All entering students are required to attend an Information Technology orientation session during the New Student Orientation.  The orientation includes information about copyright and illegal P2P file sharing.
• Posters about illegal P2P filesharing are located in the computer labs and residence halls.
• Every fall we send a message to all students regarding illegal distribution of copyright protected materials.
• Information Technology staff and student help desk employees are trained on the institution’s position with respect to copyright issues and response to copyright infringement claims.
• The information technology staff work closely with the student affairs staff and student government(s) with respect to illegal distribution of copyright protected materials.
• Lewis & Clark’s policies and procedures concerning the Digital Millennium Copyright Act (DMCA) and our response to infringement claims are published on Lewis & Clark’s website.
• Periodically, all employees receive notification regarding copyright, infringement and other related issues.

Plan to “effectively combat” the unauthorized distribution of copyright protected material:

Lewis & Clark College does not condone the unauthorized distribution of copyright protected material, but does not condemn the legal uses of peer-to-peer (P2P) software.  Our plan consists of a combination of technology based deterrents, procedures for handling DMCA copyright infringement notices including disciplinary measures, and raising community awareness through communication and education.

Technology-based deterrents:

Lewis & Clark College does not restrict outbound P2P traffic.

Offering alternatives to illegal file sharing: 

The market has responded with paid, subscription-based services for consumers.

Reviewing Effectiveness:

Beginning in the academic year 2012-2013 and periodically thereafter, we will do our best to assess the extent of our plan to combat the unauthorized distribution of copyright protected materials, through surveys, data (i.e. number of claims/year), and ongoing conversations with the Student Governments at Lewis & Clark.