Copyright and Peer-to-Peer File-sharing Requirements
H.R. 4137, The Higher Education Opportunity Act (HEOA), is 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 to inform 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.
The Office of Technology Services at the University of Baltimore will comply with
HEOA in the following manner.
Annual Disclosure
Consistent with our educational principles, OTS views awareness as the most important
element in combating illegal sharing of copyrighted materials at UBalt. OTS uses a
wide variety of methods to inform the UBalt community of the law and UBalt’s response
to copyright infringement claims:
To use OTS resources, all members of the UBalt community must endorse a Computer User
Agreement that includes a section on copyright compliance.
UBalt’s initial emphasis on copyright compliance occurs at new student orientation
sessions.
Posters in student computer labs and elsewhere discourage illegal file sharing.
Computing support staff, including student workers, are regularly trained on the University’s
position regarding copyright issues.
Periodically, all employees will receive e-mail regarding copyright infringement and
related issues.
Plans to “Effectively Combat” the Unauthorized Distribution of Copyrighted Material
A core element of academic integrity is the respect for copyright and intellectual
property. Users who violate stated policies are first reminded that peer-to-peer file
sharing is illegal and against UBalt’s acceptable use policies.
Our information security staff, in conjunction with the Dean of Students, handles
the University's initial response to DMCA violations. Students may lose access to
the network until they pay an administrative fee and review online materials explaining
copyright rules. The Dean of Students manages subsequent violations. Penalties for
repeat offenders may include loss of network access and fees.
Offering Alternatives to Illegal File Sharing
Educause, a nonprofit association whose mission is to advance higher education by
promoting the intelligent use of information technology, maintains a comprehensive
list of Legal Downloading Resources. UBalt encourages members of the campus community to take advantage of these legitimate
sources of digital content.
Periodic Review of Plan and Assessment Criteria
Office of Technology Services security personnel in conjunction with The Dean of Students
reviews the number and severity of alleged DMCA violations regularly to determine
if changes in disciplinary procedures or educational materials are needed.
Information security staff, under the direction of the Chief Information Officer,
review technical deterrents annually to determine if these deterrents remain effective
in limiting undesirable traffic.
The University's information security staff reviews newly available technology periodically
for deployment.
