General University Policies Manual
Effective: 10/14/2010
The Higher Education Opportunity Act (HEOA) was signed into law on August 14, 2008 and regulations for implementing the law were issued by the Department of Education on October 29, 2009. Several sections of the HEOA are designed to reduce the illegal distribution of copyrighted works, including the unauthorized uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing on campus networks. These provisions require all U.S. colleges and universities to:
Oregon State University (“the University”) complies with the HEOA by the following:
1. Annual Disclosure. At the beginning of each Fall term, the following statement (“P2P Policy”) will be incorporated into the Registration Information Handbook for all students and sent to all students in a stand-alone email:
Institutional policies and sanctions related to the unauthorized distribution of copyrighted material: The University takes copyright infringement seriously. As set forth in the Acceptable Use of University Computing Resources policy (located at http://oregonstate.edu/aup.htm), all students must abide by federal and state copyright laws when using University computing or network resources. The unauthorized publishing or use of copyrighted material on the University computer network is strictly prohibited and users are personally liable for the consequences of such unauthorized use. This specifically applies to Peer-to-Peer or P2P file-sharing of copyrighted music and movies. Students should be aware that by engaging in unauthorized sharing of copyrighted material, they not only violate University policy, but they may also be held criminally and civilly liable by federal and/or state authorities.
Under current copyright law, criminal cases of copyright violation carry a penalty of up to five (5) years in prison and a $250,000 fine. Civil penalties for copyright infringement include a minimum fine of $750 for each work. Oregon State University will subject students who violate this policy to discipline as appropriate. For a first-time violation of this copyright policy, students are required to pass a copyright quiz within 72-hours or else their network access is disabled. Repeated infringement is subject to disciplinary action by the Office of Student Conduct and Community Standards, up to and including expulsion from the University.
2. Plan to effectively combat unauthorized distribution of copyrighted materials. OSU takes the following steps to combat unauthorized distribution of copyrighted materials:
3. Plan to offer legal alternatives for illegal file sharing. OSU maintains a list of legal alternative sources for music, movies or other digital content on our web site at http://oregonstate.edu/filesharing , and we encourage students to take advantage of these legal methods.
4. Review of effectiveness of copyright infringement deterrence plan. As part of our annual information security assessment, we will review the efficacy and operation of our copyright infringement deterrence plan. This assessment will include, for example, a review of information regarding bandwidth use, DMCA takedown notices, student conduct proceedings, and repeat offenders.