IAIA - Institute of American Indian Arts

Combating Unauthorized Distribution of Copyrighted Materials

Higher Education Opportunity Act (HEOA) Compliance Plan

The Higher Education Opportunity Act (HEOA) was signed into law on August 14, 2008. Final regulations related to the The Higher Education Opportunity Act (HEOA) were issued on October 29, 2009.
All colleges and universities, including IAIA, are required to make a good faith effort to comply with these regulations.

Parts of the HEOA deal with unauthorized file sharing on campus networks, imposing three general requirements IAIA:

  1. We must disclose to IAIA students at least once a year a description of copyright law and campus policies related to violating the law (annual disclosure)
  2. We must describe our plan to combat illegal file sharing and copyright violations. (effectively combat)
  3. We must describe our plan to show you alternatives to illegal downloading. (offer alternatives)

 

The remainder of this page describes how we address those requirements.

Annual Disclosure

  • We publish Combating Unauthorized Distribution of Copyrighted Materials (this page on the IAIA website)
  • We publish a policy, which all students must sign, that clearly states that the improper use of copyrighted material involving IAIA networks and resourses is strictly forbidden. Here is a link to the Computer and Network Resource Use Policy:

      Computer & Network Resource Policy (Student) (47.7 KiB, 24 hits)
    You do not have permission to download this file.

  • The IAIA College catalog, under Academic Policies, states in several places that the improper use of copyrighted materials is forbidden. Here is a link to the IAIA College Catalog 2011-2012 (download file icon, 5.7 MiB)

Effectively Combat

  • IAIA’s network infrastructure ‘firewall’ is used to block all peer-to-peer (P2P) applications we know of or discover or any application that is known to facilitate illicit copyright material distribution. This device is continually monitored and application signatures and other content is regularly and routinely updated to ensure currency.
  • The Computer and Network Resource Use Policy mentioned above states that IAIA can monitor the content of traffic on IAIA’s network and we use network monitoring tools to look for policy violations.
  • The College catalog and the Computer and Network Resource Use Policy mentioned above describe the penalties for violating acceptable use of IAIA network resources including copyright and illegal file sharing violations.
  • If the Institute is served with a “Notice of Claimed Infringement” or other such claim from a copyright holder, we investigate the claim as if we had discovered a potential violation using our own network resource monitoring tools; we identify the offending system and suspend it from network access while the investigation continues; we identify the owner of the offending system; we respond to the claim saying we are processing the claim; we notify the owner/user of the system of the claim and ask for a statement about the downloaded material. Depending on the response to the request for a statement and the statement contents, we may temporarily or permanently suspend network access by that user.

Offer Alternatives

IAIA provides a provides a link to the EDUCAUSE maintained Web page listing of Legal Downloading resources at url: http://www.educause.edu/legalcontent

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