General Information Regard the Higher Education Opportunity Act

Q.  What is the “Higher Education Opportunity Act”?

The Higher Education Opportunity Act (Public Law 110-315) (HEOA) was enacted on
August 14, 2008, and reauthorizes the Higher Education Act of 1965, as amended (the
HEA).  The HEOA makes a number of changes to programs authorized under the HEA,
authorizes new programs, and makes changes to other laws.   It also imposes new reporting and disclosure obligations on institutions that participate in Title IV federal student financial aid programs.   The U.S. Department of Education has published a “Dear Colleague Letter” which provides a summary of each provision of the HEOA.   A copy of the Dear Colleague Letter is available at www.ed.gov/HEOA.

Q.  When did the Higher Education Opportunity Act go into effect?  

The provisions of the HEOA were effective upon enactment, August 14, 2008, unless otherwise noted in the law.  Information regarding the effective dates of specific HEOA provisions is available at: www.ed.gov/HEOA.   Questions regarding the effective dates may also be directed to the Office of the General Counsel at (785) 864-3276.

Information Regarding the Higher Education Opportunity Act’s Peer-to-Peer File Sharing Provisions Q.  What are the requirements regarding copyright infringement and peer-to-peer file sharing in the Higher Education Opportunity Act (“HEOA”), Section 488 (a) (20 U.S.C. § 1092)?

By July 1, 2010, institutions that receive Title IV funds must annually disclose to students institutional policies and sanctions related to copyright infringement, a summary of civil and criminal penalties for violation of Federal copyright law, and a description of the institution’s policy with respect to unauthorized peer-to-peer file sharing, including disciplinary actions taken against students for such file sharing through the institution’s information technology system.
Institutions are also required to develop plans to combat illegal activity in this area through computer management technologies.
A copy of the University’s policy on Unauthorized Peer-to-Peer File Sharing is available at: https://documents.ku.edu/policies/provost/FileSharing.htm

Q.  What is the rationale for this law? 

The purpose of this legislation is to deter illegal downloading of copyrighted materials by college students.  The recording and movie industries have attempted legal action against students on college campuses and then sought a legislative solution through passage of requirements on institutions to create policies aimed at reducing copyright violations.

Q.  Why is the University’s policy written to include employees if the Federal law only requires annual notice to students?

The University is required by the Digital Millennium Copyright Act (DMCA) to detect the user at the particular University electronic address, when a DMCA notice is received from a business that has traced unauthorized use of its copyrighted materials back to University servers.  In such a case, the University contacts the University user to determine the activity at the electronic address and to address the situation reported in the DMCA notice.   Although students have been found to more often have downloaded movies or music, unfortunately, there have been instances where unauthorized downloading of movies has been traced to an employee’s KU work computer.  If a DMCA notice were received or other information received by the University resulted in an inquiry into a specific instance of downloading or file sharing by an employee, then information from the employee about the use would be examined to reach a determination about  the legal right to use the copyrighted materials. 

Q.  Are there limitations to the rights of a copyright owner, such as “Fair Use” or use of copyrighted materials in teaching activities, that might allow instructors to utilize electronic materials for research or educational purposes without obtaining permission from the copyright holder?

Yes, however, it is important to be familiar with what would and would not be considered acceptable under applicable copyright law.  Additional information regarding fair use and other copyright issues is available at www.copyright.ku.edu.

Q.  Where can I go for additional information about this new law?

A copy of the HEOA (P.L. 110-315) is available at: www.ed.gov/HEOA.  
The Provost’s Office has been working with the Office of Information Services, the Office of Student Success, Department of Human Resources & Equal Opportunity, and the Office of the General Counsel on implementation of these new requirements.  Specific questions about use of copyrighted works can be obtained by contacting the General Counsel’s Office at (785) 864-3276.