The Department of Education has recently revised sections of the Higher Education Opportunity Act (HEOA) specifically under the Program participation Agreement’s Copyright Provision.
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When dealing with copyrighted material and the illegal distribution, the first perpetrators that come to mind are college students. The ED used this knowledge to update the provision to assess this unlawful activity.
This new condition requires institutions to confirm that they have plans and proposals to thwart the possible unauthorized distribution of copyrighted material. Also, these institutions must offer students legal alternatives to downloading and/or file sharing.
Also, a subparagraph requires that institutions make available their policies on copyright infringement and the liabilities that come with each, both civil and criminal, that students may encounter for the illegal file sharing. This includes the prohibition of using the institution’s network to share the files. Such “file sharing” is defined as unauthorized peer-to-peer transfer.
As a way to get universities to comply, the threat is to take away federal funding.
Taking notice of this new condition, are The Daily Caller and university blogs.
The Daily Caller writes of the possibility for funding to diminish, and presents a somewhat objective tone. The author starts by mocking the condition, referring to the dismay computer junkies will feel after it takes effect. He then offers a more serious tone, presenting a quote from a college student, which supports the new ban on illegal file sharing. The author comments that this will make only a small dent in preventing piracy, but is a good stepping-stone.
Attorneys Nelson, Kinder, Mosseau, and Saturley have a non-profit blog that focuses on “items of interest” in higher education. They devoted a post to the new HEOA condition, which outlines the amendments and obligations of universities to students when dealing with copyright infringement. In the post is a transcription of expectations that the DE (Department of Education) will send to universities. It outlines what the university is to inform the students of and what information they are required to disclose.
Colleges have already started making the information available on their websites. The University of North Carolina has a link on it’s university website that provides a summary of the new provision.
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