HEOA COPYRIGHT PROTECTION PLAN
Responsible Administrator: Information Security Director
Sharing or downloading copyright protected material without the copyright holder’s permission may be illegal and a violation of Smith policy. Smith College is committed to upholding the U.S. Digital Millennium Copyright Act (DMCA), and the copyright protection requirements included in The Higher Education Opportunity Act (HEOA), specifically regarding the peer-to-peer electronic file sharing of protected material. The HEOA requires that the institution:
Education and Annual Disclosure
Smith believes that education and awareness are key components in combating illegal sharing of copyright protected material by any member of the Smith community. Smith uses a variety of means to inform the community about copyright law and Smith’s response to claims of copyright infringement, including web based resources and an annual notice to students.
The annual notice to students is generally sent by email at the beginning of the fall semester, and includes the following content:
EDUCAUSE maintains a website listing legal alternatives for copyright protected material:
Plan to “effectively combat” unauthorized distribution of copyright protected material
Smith College’s primary method to effectively combat the unauthorized distribution of copyright protected material is its procedure to accept and respond to Digital Millennium Copyright Act (DMCA) violation claims. Smith has registered the following agent with the federal Copyright Office:
Smith’s ITS department uses the following procedure to respond to notice of claims of copyright violation (“take down” notices), in accordance with the Digital Millennium Copyright Act:
If an identified individual fails to satisfactorily comply with these procedures, they will be referred to the applicable adjudicating authority for further action and possible discipline. For students, the matter will be referred to the Dean of the College for possible adjudication by the College Judicial Board according to procedures outlined in the Student Handbook
Policies and resources on copyright, compliance and acceptable use.
Smith maintains several resources related to copyright compliance with copyright law. These include:
Message to students
Dear Smith students,
It is important for you to be aware of and abide by the laws and policies concerning copyright protected material, and especially copyright protected digital content, such as video, music, books and software.
The unauthorized download or distribution of copyrighted materials over the Internet is a violation of the Digital Millennium Copyright Act (DMCA) federal law, and the Smith College Acceptable Use of Computer Resources Policy (AUP). It may result in civil or criminal legal action brought against you by the copyright holder. A violation of Smith’s AUP may result in a disciplinary hearing before the Smith Judicial Board.
Copyright protected content can be legally obtained from a wide variety of sources. EDUCAUSE maintains a list of resource options for legally downloading protected material.
Summary of the process for responding to a DMCA violation notice:
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
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, 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.
Summary of Smith College policies and copyright resources
If you have any questions, please contact me.
Smith College official correspondence
Copyright © 2014 Smith College | Last updated March 30, 2016