In 2008, the Higher Education Opportunity Act (“HEOA”) was signed into law as Public Law 110-315. In October 2009, the Department of Education published final regulations implementing HEOA. HEOA included several provisions designed to stem unauthorized distribution of copyrighted materials (e.g. music, movies, books, etc.). More specifically, these provisions require that Carnegie Mellon University:
Provide an annual disclosure to students informing them of federal copyright laws and explaining institutional policies and sanctions related to violations of copyright law;
Develop and implement a written plan to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network; and
Periodically review and, to the extent practical, offer legal alternatives for acquiring copyrighted material.
The following is Carnegie Mellon University's plan for complying with HEOA and for combating the unauthorized distribution of copyrighted materials on the campus network.
Policies and Sanctions
The Fair Use Policy of Carnegie Mellon University states that “…all members of the university community must comply with U.S. Copyright Law.” Carnegie Mellon’s Computing Policy further stipulates that “…unless permission has been granted by the owner of the copyright protected materials, distribution of copyright protected material via the university network or computer systems is prohibited.” Both of these policies are published by the Office of the President and are available on Carnegie Mellon University’s policy website. Additionally, Carnegie Mellon University has published Our DMCA Process in support of the Computing Policy. This document explains that Carnegie Mellon University will investigate reported copyright infringement (commonly referred to as a cease and desist order) and, if appropriate, suspend a user’s network access. As part of the network registration process, a user confirms that he or she has read, understands and agrees to abide by the Computing Policy and supporting guidelines.
In addition to institutional policies, Carnegie Mellon University has published Community Standards for students. Copyright infringement is considered a violation of these Community Standards and is subject to disciplinary action. The Student Affairs division has established extensive procedures for handling a violation of Community Standards. More information can be found in Carnegie Mellon’University's student handbook - The Word.
At the start of each semester, Carnegie Mellon University's Information Security Office sends a welcome back message to all students. At least once per year, this welcome back message is sent either in an email or an article published on Computing Services' website. The message contains a reminder that the unauthorized distribution of copyrighted materials violates federal copyright laws as well as institutional policies. This message also contains links to where students can read more about institutional policies and sanctions.
Education and Awareness
As an institution of higher learning, an important part of Carnegie Mellon University's plan for combating unauthorized distribution of copyrighted materials is focused around educating students on federal copyright laws and raising awareness on the risks associated with file sharing technologies. This approach is consistent with HEOA, which calls for the implementation of “…mechanisms for educating and informing its community about appropriate versus inappropriate use of copyrighted material…”
During a student’s first year at Carnegie Mellon University, he/she is required to take a course entitled Computing @ Carnegie Mellon (“C@CM”). C@CM includes a section on safe and responsible computing. This section educates students on the various provisions of the Computing Policy as well as sanctions for a violation of the Computing Policy. Additionally, C@CM informs students on Carnegie Mellon University’s approach to handling cease and desist orders, a notice of intent to subpoena, an actual subpoena and pre-litigation settlement letters. Potential fines for a violation of federal copyright laws are also discussed.
As a supplement to C@CM, Carnegie Mellon University publishes documentation on the use of file sharing technology and associated legal risks. Supplemental awareness materials published by Computing Services can be found at:
HEOA requires that Carnegie Mellon University periodically review and, to the extent practical, offer legal alternatives for downloading or otherwise acquiring copyrighted materials. Carnegie Mellon University partners with EDUCAUSE who maintains an extensive list of alternatives for downloading copyrighted materials. A link to this, and other resources, is included in the Educause Legal Sources of Online Content.
In addition to providing a list of sites where movies and music can be downloaded legally, Carnegie Mellon University promotes the responsible sharing of various other types of copyrighted materials.
Technology Based Deterrents
HEOA further requires the implementation of technology based deterrents to stem the unauthorized distribution of copyrighted materials. While not defined in final regulations, a report from Congress that accompanied the legislation defined 4 primary types of deterrents.
- Bandwidth shaping
- Traffic monitoring to identify the largest bandwidth users
- A vigorous program for accepting and responding to Digital Millennium Copyright Act notices
- A variety of commercial products designed to reduce or block illegal file sharing
Carnegie Mellon University has implemented technical controls to monitor bandwidth consumption of user’s of the campus network. More information can be found at the following location:
Carnegie Mellon University also has a program for accepting and responding to Digital Millennium Copyright Act (“DMCA”) notices. Upon receipt, each complaint is logged in an internal ticketing system and investigated by Computing Services for legitimacy and accuracy. If the complaint can be tied to a specific user, the user is notified. Depending on the nature of the claim, a user’s system may be suspended from the network for a period of time or until the infringing activity ceases. If necessary, Computing Services will remove any infringing material. A student whose computer is removed from the network as a result of a DMCA complaint can choose an initiate an appeal through Student Affairs. Additional information on the appeals process can be found in the student handbook. Additional information regarding the handling of DMCA notices by Computing Services can be found in our DMCA process.
Carnegie Mellon University is required to periodically review the effectiveness of this plan for combating the unauthorized distribution of copyrighted materials. This plan will be reviewed on an annual basis by the Information Security Office for effectiveness and appropriateness. The Information Security Office will also monitor for any trends in the number of DMCA complaints being received by Carnegie Mellon University and monitor how frequently awareness materials are being accessed on its website.
|Last Updated:||02/25/2021||Added "University" after Carnegie Mellon to meet university branding guidelines. Fixed broken link to "Community Standards" page. Removed outdated information on iTunes U Portal. Fixed link to Educause File sharing awareness resources. Removed outdated report from 2008.|