Higher Education Opportunity Act (HEOA) Peer-to-Peer File Sharing Requirements

Tennessee Technology Center at Shelbyville Compliance with the 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 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.  

Disclosure

Consistent with our educational principles, we view education as the most important element in combating illegal sharing of copyrighted materials at Tennessee Technology Center at Shelbyville. We use a wide variety of methods to inform our student body about the law and the Tennessee Technology Center at Shelbyville’s response to copyright infringement claims:

• In order to use Technology Center computing resources, all members of the Tennessee Technology Center at Shelbyville will endorse a Computer User Agreement that includes a section on copyright compliance.
• Posters are being mounted in student computer labs and elsewhere to discourage illegal file sharing.
• Computing support staffs, including student Help Desk workers (CIT Students), are regularly trained on the Technology Center position with respect to copyright issues.  Student workers provide an important channel for communicating with the student body.
• Tennessee Technology Center at Shelbyville's policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are published on Tennessee Technology Center at Shelbyville’s web site.
• Periodically, all Technology Center employees will receive email from the Director or other officers regarding copyright infringement and related issues.
• Language has been added to the Student Handbook outlining the Digital Millennium Copyright Act.

Plans to “Effectively Combat” the Unauthorized Distribution of Copyrighted Material

We currently employ bandwidth-shaping technology to prioritize network traffic. We monitor P2P applications and filter as necessary.

We are investigating all P2P activities.   Users would be reminded that P2P file sharing is illegal and against the Tennessee Technology Center at Shelbyville’s acceptable use policies.

As a member of the Tennessee Technology Center at Shelbyville, you have many resources to help protect your privacy, your personal computer, and your good standing at Tennessee Technology Center at Shelbyville.

Respects for copyright and intellectual property are important aspects of academic integrity.

Alternatives to Illegal File Sharing

Educause maintains a comprehensive list of Legal Downloading Resources . Members of the Tennessee Technology Center at Shelbyville are encouraged to take advantage of these legitimate sources of digital content.