Peer-to-Peer File Sharing Requirements
Compliance with Higher Education Opportunity Act (HEOA) Peer-to-Peer File Sharing Requirements
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 U.S. 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.
Consistent with our educational principles, we view education as the most important element in combating illegal sharing of copyrighted materials at the college. We use a variety of methods to inform our community about the law and Gray Harbor College’s response to copyright infringement claims.
- In order to use college computing resources, all members of the staff staff will endorse the Acceptable Use Policy (Operational Policy 527) that includes a section on acceptable use, including copyright compliance.
- Computing support staff, including student Help Desk workers, are regularly trained on the College position with respect to copyright issues. Student workers provide an important channel for communicating with the student community.
- Policies and procedures concerning the illegal use of computer resources, copyright policies, and our response to infringement claims are published on college website, as is a specific computer lab rule prohibiting violation of software copyrights.
- Posters are mounted in student computer labs and elsewhere to discourage illegal file sharing.
- Periodically, all college students and employees will receive email from the president, or designee, regarding copyright infringement and related issues.
Combating the Unauthorized Distribution of Copyrighted Material
We currently employee DNS filtering, port filtering, local computer administrative restrictions, and end user notification to curb unauthorized content distribution.
Grays Harbor College uses OpenDNS on student networks to filter DNS requests for file sharing websites. This allows the college to redirect a large number of requests for web sites hosting links to illegally distributed copyrighted material to a warning page. We also filter ports on wireless student networks, discouraging the use of peer-to-peer sharing applications (P2P). Computer labs on campus do not permit students to install software, preventing most standard P2P app installations. Finally, we post P2P restrictions visibly in computer labs, reminding students not to make use of P2P file sharing software.
Alternatives to Illegal File Sharing
EDUCAUSE maintains a comprehensive list of Legal Downloading Resources.
The Center for Copyright Information (CCI) also maintains links to legal sources of music and video downloads. This site also has information about the Copyright Alert System, which is a partnership between copyright owners and Internet Service Providers (ISPs) that went into effect 2/25/13.
Grays Harbor College receives remarkably few (averaging about zero to one per year) P2P file sharing takedown notices. We will continue to monitor these notices to watch for unexpected increases that would require additional measures.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include 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, in 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 of up to five years and fines of up to $250,000 per offense.