HEOA Compliance Statement & Policy

Assumption College Policies:

Technology Acceptable Use Policy
Network Use Policy

Computer Software Policy
HEOA Compliance Statement & Policy

HEOA COMPLIANCE STATEMENT AND POLICY REGARDING THE USE OF UNAUTHORIZED DISTRIBUTION OF COPYRIGHTED MATERIALS

Assumption College Information Technology & Media Services in compliance with the Higher Education Opportunity Act (HEOA) of 2008, has in place plans to effectively control and eliminate unauthorized distribution of copyrighted materials. The campus provides alternatives to illegal downloading or peer-to-peer distribution of intellectual property.
 

A)     Policies and procedures to Combat Unauthorized Distribution of Copyrighted Material at Assumption college.

Assumption College has in place programs to combat the unauthorized distribution of copyrighted material by users of the campus network without impactingeducational freedom, intellectual curiosity along with the need to conduct the “business” of the college. These programs include the following:

  1. Technology Solutions. Assumption College uses the following technology-based deterrents to combat the unauthorized distribution of copyrighted material by users of the campus network:
    • Bandwidth Shaping – Packetshaper blocks all known P2P programs and ports.
    • IPS – Tippingpoint blocks all known P2P ports.
    • Firewall rules block known websites and P2P ports.
    • Residence halls each have a separate vlan and cannot share with each other.
    • NAC prevents P2P from successfully connecting on RESnet.
    • Accept and respond to DMCA notices.
  2. Educating the College. Assumption College distributes appropriate email/postal delivery of documents to inform students, staff, and faculty about the appropriate uses of copyrighted materials. These educational efforts include information that informs students that unauthorized distribution of copyrighted material may subject a student to civil and criminal liabilities. A description of the institution's policies regarding unauthorized P2P sharing is displayed each time a student logs into the RESnet network.
  3. Institutional Policies and Procedures. The College has in place an appropriate Acceptable Use Policy as well hardware/software requirements to ensure all campus users can successfully connect and utilize the Assumption College network. 
  4. Program Review. Assumption College IT&MS Network Operations annually conducts an assessment of the effectiveness of its program to combat the unauthorized distribution of copyrighted material. Relevant assessment criteria include items such as bandwidth used for peer-to-peer applications and the number of legitimate infringement notices received from rights holders. This review shall be conducted by the Executive Director of IT&MS with assistance from Network Operations staff.

B)     Legal Alternatives for Downloading.

Assumption College through IT & MS makes available information about legal alternatives for accessing and downloading copyrighted material. As part of the annual review, the college shall reassess the availability of legal alternatives for downloading or otherwise acquiring copyrighted material. The results of the review will be made available annually to all Assumption students.

C)     Related Policies and Statements

Legal Alternatives for Online Music and Movies

The Internet offers a variety of legal entertainment alternatives, whether downloads or streaming, free or fee-based, DRM or DRM-free. Here's a sampling of your options:

  • Amazon - Offering digital purchases of individual songs as DRM-free MP3s
  • eMusic - Similar to iTunes but with subscription-based pricing; music offered as DRM-free MP3; works on both Mac and Windows
  • Grooveshark - A music community that rewards users for sharing their own music, with a goal to compensate everyone from users to rights' holders.
  • iTunes - Music, movies and more; service requires client download; basic content contains DRM, though iTunes Plus material is free of burn limits and DRM
  • Hulu - A free online video service offering TV shows, movies and clips
  • Last.fm - Offers Live streaming music much like Pandora
  • Live365 - Internet radio
  • Napster - Subscription service with free trial
  • NetFlix - Movie subscription service
  • Pandora - Internet radio, including the "The Music Genome Project"
  • Rhapsody - Subscription service for online listening and downloads; free trial
  • SHOUTcast Radio - Free "audio homesteading solution"; lets you listen it on others radio channels or set up your own.

Other recommendations: 

  • Several popular television programs are streamed at no cost, such as at hulu, or at their network's websites (ABC / CBS / CWTV / FOX / NBC ).
  • In addition, both the MPAA and RIAA offer their own lists of legal entertainment alternatives. 

Questions or comments to: blavner@assumption.edu

RIAA Anti-Piracy Enforcement Efforts

The Recording Industry Association of America (RIAA) through 3rd party companies surveys computers connected to the Internet in search of violations of copyright law. A big focus is monitoring colleges and universities, due in part to the high speed Internet connections readily available at these institutions.

The RIAA’s actions include sending notices to universities alleging network user violations of copyright laws. In these notices, the RIAA informs the schools of forthcoming copyright infringement lawsuits against network users (identified through Internet Protocol addresses), who they allege have been participating in illegal downloading or file sharing of copyrighted material. Additionally, in these notices, the RIAA indicates that prior to commencing litigation, it will send to the school a pre-litigation settlement letter with a request that the letter be sent to the alleged violator.

If Assumption College is requested to forward any pre-litigation settlement letters to alleged violators who can be identified using cited IP addresses, it will do so. However, in so forwarding any such letter, Assumption College does not vouch for the accuracy of what is contained in the letter; does not take a position on what the recipient should do in response to the letter; and will not offer legal advice to the recipient of such letters.

If a legal action is commenced by a recording industry party against alleged violators who are users of Assumption College’s network, the university will identify these individuals if required by legal process (for example, a subpoena is served on the college seeking the identity of alleged violators).

If the RIAA subpoenas the university, we are legally required to identify a user associated with an IP address if we are able to do so. If a subpoena is served on the university, the university will provide notice of the subpoena to a user identified by the IP address cited in the subpoena. When and if an offending user is identified, User Services suspends network access and meets with the student to ensure the sharing is stopped and the user complies with the college’s Acceptable Use Policy.

Sharing music (as well as movies, games, software or television shows) illegally and violating copyright law is a clear violation of Assumption College’s Acceptable Use Policy.

What is Copyright?

Copyright is legal protection to authors and creators of their work to control the use of their work. It applies to literary, musical, film, multi-media, graphic, analog, digital and/or any “created” work. Copyright is automatically created once the work is completed and copied/recorded.

Who can claim Copyright?

The author can claim copyright once the work is completed and recorded. Only the author can claim copyright. Authors of a joint work are co-owners of the copyright. Copyright owners have the right (exclusive) to reproduce the work, distribute the work (sell, rent, donate), create new works from the original and publicly perform/show the work.

Who Owns the Copyright?

Generally the creator or author does. However, if the work is created while in the employ or contract of his/her company of employment, the work becomes “work made for hire” and the employer owns the copyright. Sometimes a joint ownership can be negotiated in these instances.

What is the DMCA?

The present Copyright Act was crafted in 1978.  In general it was crafted to cover written works. With the deployment and proliferation of the Internet and electronic media the Digital Millennium Copyright Act (DMCA) was created and signed in 1998 to cover the digital transmission of copyrighted works.

How Does the DMCA Impact Assumption College?

The DMCA provides non-profit colleges and universities some protection if individual members violate copyright law by illegally sharing or downloading protected works. To maintain this protection, Assumption College must remove or block access to material which infringes on any current copyright law. Individuals caught infringing are liable for fines from $30,000 to $150,000 and up to 10 years in prison depending on intent. In addition, Assumption College, in compliance with the HEOA must annually disclose; a) its campus copyright law b) effectively deter unauthorized distribution of copyrighted materials using technology based deterrents c) offer alternatives to illegal downloading.

Why is Copyright Suddenly So Important?

Technology makes it easy to download and transmit copyrighted materials over the Assumption network. While Assumption College promotes Academic Freedom, it must support and follow all state and federal laws. Assumption College does not condone copyright infringement and proactively monitors and blocks illegal file sharing and P2P use.