HEOA and DMCA Compliance
HEOA and DMCA Compliance
In Compliance with the Copyright provisions of the Higher Education Opportunity Act (HEOA), Rivier University implements the following plan to combat unauthorized distribution of copyrighted materials:
- Rivier University maintains a program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices.
- It is against the Rivier University Computer Use Policy to use peer-to-peer (P2P) software on campus. P2P software consumes a large amount of network resources, at the expense of other users of the College’s network. Any user’s internet connection will be disabled if P2P software is determined to be running on their machines.
- Rivier University uses technology tools to monitor network activity of users on the University’s network. This includes a firewall, bandwidth use detection, and packet shaping mechanisms. Any alleged abuse of the University’s network will be investigated.
This plan is periodically reviewed by the University’s CIO and members of the University’s Information team.
Rivier University discourages the illegal downloading of copyrighted content. Rivier University presents the following information courtesy of the Department of Education:
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, 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.
Resources for Legal Downloading
Educause maintains the following page of legal downloading alternatives.
Digital Millennium Copyright Act
Rivier University Policy
The Rivier University Computer Use Policy requires that all members of the Rivier community comply with all federal, state, and local laws. It is illegal under Federal law to download, upload, or distribute copyrighted material in any form without express permission or a license to do so from the copyright holder. Rivier University will take appropriate actions to ensure the integrity of copyrighted materials.
The Designated Agent to receive notification of claimed infringement under the DMCA for Rivier University is:
Heidi Crowell, Chief Information Officer
Office of Information Technology
420 South Main Street
Nashua, NH 03060
(603) 897-8880 FAX
Filing a Claim of Infringement
All infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- The physical or electronic signature of the copyright holder.
- A description of the copyrighted work claimed to have been infringed.
- A description of the material that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the material.
- Information sufficient to permit the service provider to contact the complainant, such as an address, telephone number, and, if available, an email address.
- A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized.
Rivier University Procedures
- If a University employee or student receives a notice or allegation of copyright infringement, he or she will immediately send the notice to Rivier University’s DMCA Designated Agent.
- The Designated Agent will promptly acknowledge receipt of each infringement claim.
- On receipt of an acceptably complete claim of infringement, the Designated Agent will ensure that access to the claimed infringing material is immediately suspended until a determination of validity can be made by competent authority.