Bucknell University HEOA Compliance
Bucknell University HEOA Compliance
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 copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that:
- Institutions make an annual disclosure that informs students that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties and describes the steps that institutions will take to detect and punish illegal distribution of copyrighted materials.
- Institutions certify to the Secretary of Education that they have developed plans to "effectively combat" the unauthorized distribution of copyrighted material.
- 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 copyrighted materials.
This webpage outlines Bucknell's plan to comply with these requirements. There are four general sections to our plan:
DMCA Response Procedures and Policies
Technology-based Deterrents
Library and IT monitors network traffic and shapes bandwidth using Packeteer to identify the largest bandwidth users. Users found to be exceeding reasonable bandwidth limits are subject to bandwidth limitation.
DMCA Response Procedures and Policies
Library and IT has a rigorous protocol for accepting and responding to Digital Millennium Copyright Act notices. Bucknell's DMCA Officer is Mary Ann Burkland.
When Bucknell receives a copyright infringement claim involving music, video, software, or other digital materials, it takes the following steps under the 1998 federal statute known as the Digital Millennium Copyright Act or DMCA:
- check network usage logs and registration information to examine the system alleged to be involved in copyright infringement and identify the person using it
- notify the copyright holder (or agent) that we are handling the infringement claim under the guidelines of the DMCA
- we DO NOT disclose the user's identity
- we inform the user that and infringement claim as been made and ask if the user has downloaded or shared the copyrighted material in question without permission.
First-time Offenses
If the user can be identified and acknowledges using the copyrighted material without permission, we:
- require the user to read the Acceptable Use Policy, delete the content in question, discontinue infringing activities, and respond to Bucknell's DMCA officer indicating they have complied and will not repeat the behavior
- inform the claimant that the matter has been resolved.
If the user denies using the copyrighted material without permission, we:
- require the user to submit a statement denying the copyright infringement claim;
- inform the claimant that the claim has been denied;
- under the DMCA, the claimant may pursue a subpoena to obtain the identity of the system user and may file a lawsuit against the user.
Second-time Offenses
If the user acknowledges a second instance of using copyrighted material without permission, we:
- Require the user to read the Acceptable Use Policy
- Require the user to submit a statement: (a) confirming the second case of copyright infringement, (b) acknowledging violation of the Acceptable Use Policy and his/her promise not to repeat this behavior, and (c) recognizing that any further violations will result in referral to the Dean of Students and the campus judicial process.
- Inform the Dean of Students of the actions taken.
- Inform the claimant that the matter has been resolved.
RIAA Pre-litigation Letters
In February 2007, the Recording Industry of America (RIAA) announced a new strategy for dealing with suspected instances of copyright infringement. The RIAA is sending "settlement letters" to colleges indicating their intention to sue users of systems engaged in illegal file sharing and asking colleges to forward those letters to users. A sample settlement letter can be found at: http://www.educause.edu/ir/library/pdf/CSD4832.pdf
The letters inform users that they can avoid lawsuits by immediately contacting the RIAA and paying settlement fees. If users decline to do this, subpoenas will be sought to require colleges to disclose users' identities. Lawsuits will then be filed. Users may, at that time, avoid a lawsuit by paying settlement fees larger than the original settlement amount. If users again decline, lawsuits will be pursued to obtain damages and recover RIAA legal fees.
In the event that Bucknell University receives a settlement letter, the University will:
- Treat the letter as a DMCA copyright infringement claim and respond as per the DMCA response guidelines.
- Forward the pre-litigation letter to the system user.
- Bucknell will not disclose the identity of a system user unless presented with a subpoena or other legally valid written document.
Educational Outreach Efforts
Information about copyright and legal issues.l outreach efforts
Library and IT staff participate in many educational outreach activities, including:
- Annual sessions with first year students, and special groups (sports teams, transfers, community college scholars)
- Emails to students, staff and faculty, in the form of our e-Newsletter, reminding them of policy
- Posters in residence halls
Annual Plan Review
The policies and procedures are reviewed annually by the CIO in June and revised as necessary to remain in compliance. Based on the monitoring data that Library and IT collects relative to network traffic as well as the volume of DMCA notices received, the review will assess the overall effectiveness of the policy and procedures to promote the legal use of copyrighted materials. Any changes to the policy and/or procedures as a result of the review will take effect at the commencement of the following academic year.