Plan to Combat the Unauthorized Distribution of Copyrighted Material by Users of San Joaquin College of Law Networks
Purpose
This document was developed as part of San Joaquin College of Law’s efforts to comply with the Higher Education Opportunity Act (HEOA) and 34 CFR Sec. 668.14(b)(30). The unauthorized distribution of copyrighted material such as songs, videos, games, textbooks, or other types of creative content, including through peer-to-peer (P2P) file sharing, is prohibited by San Joaquin College of Law policy, is a Student Honor Code violation, and may violate civil or criminal law. San Joaquin College of Law has developed this plan in accordance with the HEOA to combat the illegal uploading and downloading of copyrighted works through P2P file sharing.
Introduction
Under 34 CFR 668.14(b)(30), an institution, as a condition of participation in any Title IV, HEA program, must develop and implement written plans to effectively combat the unauthorized distribution of copyrighted materials by users of the institution’s networks without unduly interfering with the educational and research use of the networks. The following provisions must be included in the plan:
- Use of one or more technology based deterrents
- Mechanisms for educating and informing users about appropriate versus inappropriate use of copyrighted material, including, but not limited to, an annual notification
- Procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures
- Procedures for periodically reviewing the effectiveness of the plans to combat unauthorized distribution of copyrighted materials by users of the networks using relevant assessment criteria
- Publicize legal alternatives to illegal downloading or otherwise acquiring copyrighted material, to the extent practicable.
Technology Deterrents
San Joaquin College of Law currently operates two technologically separate networks. The technological deterrents for the network used by our students, faculty, staff, renters and patrons provides traffic monitoring, blocking of URL’s and/or protocols that involve illegal file sharing, or negatively impacting the school’s technology resources where there is no educational purpose. The SJCL network systems, are utilized for any and all access. They have the capability to monitor, block and prioritize network activity.
The College utilizes specific bandwidth-shaping software technology to prioritize network traffic and limits the amount of bandwidth available to peer-to-peer applications; blocks specific URL’s that involve illegal file sharing, monitors Internet usage or negatively impact SJCL’s technology resources, where there is no educational purpose. In an effort to more efficiently deter illegal file sharing, once this activity has been discovered, in order to continue to utilize the network the user must login. This allows SJCL to identify the user, issue an email warning and therefore, to educate the user and prevent the behavior. This policy is subject to change as the need arises due to technological changes that cause our deterrents to be ineffective.
Responding to Digital Millennium Copyright Act (DMCA) Notices
San Joaquin College of Law will cooperate in accordance with the law in any investigation by public authorities related to the unauthorized distribution of copyrighted material.
Mechanisms to Educate Users on Appropriate use of Copyright Material
Consistent with our educational principles, we view education as an important element in combating illegal sharing of copyrighted materials at San Joaquin College of Law. We use a variety of methods to inform our community about the appropriate use of copyright material, the laws and penalties associated with copyright infringement, and San Joaquin College of Law’s policies in regards to copyright infringement claims. The College shall employ, at a minimum, the mechanisms described below:
- In order to use San Joaquin College of Law’s computing resources, all users must endorse a Network Usage Agreement that includes a section on copyright compliance and the penalties for copyright infringement. (See SJCL Acceptable Use Policy)
- Each year, students and faculty receive a Student Handbook that highlights copyright concerns and points to further information on the College website and other websites, including information on sites with numerous options for obtaining copyrighted material in a legal manner.
- The Director of Human Resources shall be responsible for disseminating annually a notice to enrolled students, staff, and faculty regarding: illegal distribution of copyrighted materials; a summary of the penalties for violating copyright laws; and this Plan. The methods of dissemination of the Notice may include College web pages, email, orientation presentations, and publication in the Student Handbook.
- The Admissions Director will provide prospective students with a link to the College’s website where a copy of the institutional information on copyright compliance is located.
Procedures For Handling Unauthorized Distribution, Including Disciplinary
The College’s policy effectively combats the unauthorized distribution of copyrighted materials by users of our network through a vigorous program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices. The College’s IT department will acknowledge the receipt of each copyright violation notice it receives, and will endeavor to identify the users of the IP addresses referred to. The copyright infringement notices will be forwarded to any identified users, who may face loss of network services and/or other disciplinary action in accordance with college policies.
Procedure for Handling Possible Violations of the SJCL Network Usage Agreement
Users of computers identified by the Internet traffic monitoring software as violating the SJCL Network Usage Agreement will be given a warning of the flagged offense. If the user cannot be readily identified, the warning may include a temporary loss of network services. An effort will be made not to interrupt network services during class, mid-terms or finals. Users that are not sure why their computer has been flagged or need assistance resolving the issue are encouraged to contact the SJCL Helpdesk. A second warning will result in a temporary loss of network services. A third warning will be reported to Dean Pearson as an Honor Code violation. Identified violators may also face loss of network services and/or other disciplinary action in accordance with SJCL policy.
Periodic Plan Review For Effectiveness
The Chief Information Officer and the Information Technology Security Committee will meet at least annually to review the effectiveness of the College’s plan to combat the unauthorized distribution of copyrighted material. Information to be reviewed and assessed will be the results of traffic monitoring, bandwidth shaping, overall operations of the network systems, feedback received from users, and the number of peer-to-peer file sharing takedown notices the College receives. To date San Joaquin College of Law has never received a DMCA notice regarding illegal file sharing activity on its networks. The College will monitor for unexpected increases in illegal activity that would require instituting additional measures.
A summary of the results from the periodic review of the effectiveness of the College’s plans to prevent the unauthorized distribution of copyrighted materials by users of the College’s network will be posted on the College’s website.
Legal Alternatives To Download/Acquire Copyrighted Material
In compliance with the requirement to publicize legal alternatives to illegal downloading or otherwise acquiring copyrighted material under 34 CFR 668.14(b)(30), San Joaquin College of Law directs network users to a website maintained by Educause for a comprehensive list of legal downloading resources. The information on legal alternatives will be publicized in any of the following manners: College website; Student Handbook; email notices; posters/flyers. San Joaquin College of Law will update information on legal alternatives as appropriate. Although these sites are deemed legal alternatives for acquiring copyrighted material, San Joaquin College of Law does not guarantee access to these sites using College resources.
For questions regarding this policy contact, Derron Wilkinson, Chief Information Officer, at dwilkinson@sjcl.edu. To request a printed copy or with questions contact, Beth Pitcock, Director of Human Resources, at bpitcock@sjcl.edu.
Reviewed 8/2020
Summary of civil and criminal penalties for violation of Federal copyright laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504 and 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
For more information on copyright law, please see the Web site of the U.S. Copyright Office.