HEOA Compliance

The Higher Education Authorization Act of 2009 includes:

§668.14 Program participation agreement.
(b) By entering into a program participation agreement, an institution agrees that—
(30) The institution—
(i) Has developed and implemented written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network, without unduly interfering with educational and research use of the network, that include—
(A) The use of one or more technology-based deterrents;
(B) Mechanisms for educating and informing its community about appropriate versus inappropriate use of copyrighted material, including that described in §668.43(a)(10);
(C) Procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures; and
(D) Procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials by users of the institution’s network using relevant assessment criteria. No particular technology measures are favored or required for inclusion in an institution’s plans, and each institution retains the authority to determine what its particular plans for compliance with paragraph (b)(30) of this section will be, including those that prohibit content monitoring; and
(ii) Will, in consultation with the chief technology officer or other designated officer of the institution—
(A) Periodically review the legal alternatives for downloading or otherwise acquiring copyrighted material;
(B) Make available the results of the review in paragraph (b)(30)(ii)(A) of this section to its students through a Web site or other means; and
(C) To the extent practicable, offer legal alternatives for downloading or otherwise acquiring copyrighted material, as determined by the institution
§668.43 Institutional information.
(a) Institutional information that the institution must make readily available upon request to enrolled and prospective students under this subpart includes, but is not limited to—
(10) Institutional policies and sanctions related to copyright infringement, including—
(i) A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;
(ii) A summary of the penalties for violation of Federal copyright laws; and
(iii) A description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system

In accordance with these rules, this document serves as a written plan to respond to illegal peer-to-peer file sharing. Luther College provides the following information regarding actions to control illegal file sharing of copyrighted content on our networks:

Technology-Based Deterrents at Luther College

Luther College employs the following technology-based deterrents:

  • Internet traffic to individual campus users is metered and limited based upon the number of number of active simultaneous connections made to the Internet. While Luther does not shape specific traffic protocols, this policy enforced across all Internet traffic has the effect to reduce the ability to mass-distribute material via peer-to-peer file sharing. This policy also allows legitimate file sharing to be conducted via the network and only provides curbs for those who are heavy bandwidth consumers.
  • Luther College accepts and acts upon all legitimate notices of copyright infringement as filed in accordance with the Digital Millennium Copyright Act (DMCA).

Mechanisms for Educating and Informing the Luther Community About Copyrighted Material

Luther College maintains a website (http://www.luther.edu/copyright) that contains a wide selection of copyright notices, policies, and resources to empower members of the community to comply with all relevant copyright laws. Additionally, an email notice is delivered to all faculty, staff, and students within the first two weeks of each semester reminding them of Luther policies regarding copyright and appropriate use of data networks with regard to peer-to-peer file sharing. Additionally, all community members must assent to the Luther College Statement of Responsibility twice a year when changing their Norse Key credentials. This Statement includes language reminding community members of their responsibilities regarding copyright and use of data networks.

Procedures for Handling Unauthorized Distribution of Copyrighted Material at Luther College

Upon receipt of properly prepared copyright infringement notices, Luther College:

  • Investigates to determine the specific user responsible for the infringement. When that user can be specifically determined with reasonable confidence:
    • For individuals receiving their first claimed infringement notice:
      • Luther College forwards the infringement notice along with accompanying College policies and instructions for action to the user requiring acknowledgement of the notice within seven (7) days of receipt.
      • If acknowledgement of the notice is received, Luther takes no further action.
      • If acknowledgement of the notice is not received after seven days, the privileges of the user to attach personally-owned devices to the Luther College data network is suspended until acknowledgement is received.
    • For individuals received a second claimed infringement notice:
      • Luther College forwards the infringement notice along with an accompanying statement that their privileges to attach personally-owned devices to the Luther College data network is suspended.
      • Luther College suspends all privileges to attach personally-owned devices to the Luther College data network for the remainder of the academic year.
      • Users who can demonstrate to Luther College personnel that they are no longer sharing files for which they do not have license to distribute, and who sign a statement regarding their understanding of Luther College policies and U.S. Copyright law may at the discretion of Luther College be re-granted provisional access privileges to attach personally-owned devices to the Luther College data network.
    • For individuals receiving subsequent claimed infringement notices:
      • Luther College forwards the infringement notice along with an accompanying statement that their privileges to attach personally-owned devices to the Luther College data network is suspended.
      • All privileges to attach personally-owned devices to the Luther College data network are permanently suspended for the remainder of the academic year.
  • When that user cannot be specifically determined with reasonable confidence, no additional action is taken by Luther College.

Reviewing the Effectiveness of Plans to Combat Unauthorized Distribution of Copyrighted Materials

Luther College considers effective combat of unauthorized distribution of copyrighted materials to be low rates of second and subsequent copyright infringement notices against specific users. Data regarding copyright notices received and recidivism of alleged infringers is published below:

  • 2008-09 Academic Year
    • 199 Copyright Infringement Notices Received against 134 identified users. 4 complaints were untraceable.
    • 12 students had their privileges to attach personally-owned network devices to Luther College data networks suspended for the academic year. This represents only 8.9% of students receiving copyright infringement notices. Therefore more than 90% of students who were notified of copyright infringement complied immediately with Luther College policies regarding illegal peer-to-peer file sharing. Luther College considers this an effective rate of compliance that is actively reducing illegal file sharing on our networks.

Legal Outlets for Downloading Copyrighted Material

As part of Luther College's policy on peer-to-peer file sharing, the College maintains a list of a variety of sources for the legal downloading of copyrighted material. This list is also directly emailed to all Luther College faculty, staff, and students within the first two weeks of the start of each semester.