Academic Institutions Face "Unfunded Mandate" To Enforce Copyright on Networks
By Norman Oder Jun 17, 2010On July 1, higher education institutions that participate in federal student aid programs face new requirements for combating the unauthorized distribution of copyrighted material by users of an institution's network, according to a letter posted on the Information for Financial Aid Professionals (IFAP) website.
The American Library Association "is concerned with this unfunded mandate that outsources copyright enforcement to institutions of higher education," according to a District Dispath posting by Gavin Baker, Information Technology Policy Analyst, Office for Information Technology Policy (OITP).
"However, the ultimate impact of the law will be determined by colleges, which have considerable flexibility in meeting the new requirements," Baker wrote. "ALA encourages academic librarians to engage with the compliance process on their campus, ensuring that policies are consistent with the principles of librarianship, including information access and intellectual freedom.
(Here's more background on the law, from EDUCAUSE.)
What's needed
According to the letter from Daniel T. Madzelan, serving as the de facto Assistant Secretary for Postsecondary Education, an institution must include in its plans:
- The use of one or more technology-based deterrents;
- Mechanisms for educating and informing its community about appropriate versus inappropriate use of copyrighted material;
- Procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures; and
- Procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials by users of the institution's network using relevant assessment criteria. It is left to each institution to determine relevant assessment criteria.
Technological solutions
While the federal government recommends no particular technology measures, it notes that at least one must be deployed. They include:
- bandwidth shaping
- traffic monitoring
- accepting and responding to Digital Millennium Copyright Act (DMCA) notices
- commercial products designed to reduce or block illegal file sharing.
Institutions also should, "to the extent practicable, offer legal alternatives to illegal downloading or otherwise acquiring copyrighted material, as determined by the institution."
Penalties
Civil penalties can be "either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed," though "willful" infringement could mean awards up to $150,000 per work, Willful infringement also can result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
