HEOA

The Higher Education Opportunity Act (HEOA) was a piece of federal legislation that was signed into law on August 14, 2008. Regulations for implementing the Act were issued by the Department of Education, to be effective July 1, 2010.  Through this act, any Public University is required to comply with these guidelines:

  1. All applicable institutions annually inform students that they may be infringing upon federal law if they are participating, willingly or unintentionally, in the illegal distribution of copyrighted materials.  The Institution must relay that this may result in criminal and civil penalties, and explain the proper steps that the university will take to detect and punish illegal distribution of Copyrighted materials.
  2. All applicable institutions must offer alternatives to illegal file sharing "to the extent practicable".
  3. All applicable institutions must identify procedures for reviewing the effectiveness of the plans created to teach and prevent future unauthorized distribution of copyrighted materials.
     

 More information about HEOA can be found at the www2.Ed.gov page.  If you have any questions about Copyrights, you can find out more at www.copyright.gov.

Notifying students about Copyright Laws


Henderson State University complies with the first element listed by notifying students at least once a year about HEOA and Copyright laws through our registration process.  At the beginning of every semester, any student who lives on campus is required to register any devices on our network before web access is granted.  This process requires a student to put in his or her information, mark that they have read and understand about copyrights, and also have an antivirus program installed.  If the student has a valid antivirus program already installed on the computer, however, the network will skip the antivirus installation process.  Access to the resident student network is not available unless the student has gone through this process at least once per semester.  To find out more about connecting to the HSU network, select here.

Legal Alternatives


Henderson State University complies with the second element by allowing students to subscribe, participate, and/or use valid sharing sites that do not participate in unauthorized sharing.  A list of possible sites, as compiled by RIAA, can be found at http://www.riaa.com/toolsforparents.php?content_selector=legal_music_sites.  A list of sites, as compiled by educause, can be found at http://www.educause.edu/legalcontent.

Plans and Reviews

Henderson State University complies with the third element by using a program called "Copy Sense" from Audible Magic.  This program monitors P2P (Peer-to-Peer) transactions to detect transactions that can infringe on copyright laws.  This program allows Computer and Communication Services to catch possible illegal activity and educate offenders. 

The program works on a point system.  If it knows that you are participating in unauthorized sharing, it will distribute a lot of points (usually enough to put you in the next level).  If it thinks that you might be participating in unauthorized sharing, but it is not sure, it will distribute a small number of points.  If you build up enough points, it will place you in the next level.  If you reach a new level, it will automatically disconnect any P2P transactions and redirect your browser to a URL that explains Copyright laws and the harm in participating in unauthorized sharing.  There are 4 levels, and each level has different requirements before you are reconnected:

  1. The student has enough points to be redirected to the Educational URL, but the student will automatically be able to surf the web after selecting the URL's confirmation button.
  2. The student has gathered enough points to go up another level.  The student will be redirected to the Educational URL and will have to confirm that you have read the page.  The student will be unable to participate in P2P or web activities for 3 hours.
  3. The student has gathered enough points to go up another level.  The student will be redirected to the Educational URL and will have to confirm that you have read the page.  The student will be unable to participate in P2P or web activities for 8 hours.
  4. The student has gathered enough points to go up another level.  The student will be redirected to the Educational URL and will have to confirm that you have read the page.  The student must contact the HelpDesk before P2P and web activities will be reset.

Additional information to know

  • The actions required to reset any student's access may be subject to change as determined by the Director of Computer and Communication Services.
  • The aforementioned system does not wave the right for Henderson State University to take any action necessary to comply with HEOA and all Copyright laws.
  • Any Digital Millennium Copyright Act (DMCA) violation notices that occur on campus will be addressed by Henderson’s Director of Computer and Communication Services and/or other necessary campus departments (i.e. Department of Student Services, Campus Police, etc.).

 
 
 
 
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