The Higher Education Opportunity Act (HEOA) requires higher education institutions to practice due diligence informing students about copyright infringement risks. All higher education institutions must: <\/p>\n\n\n\n
McNeese State University strictly prohibits the unauthorized distribution or downloading of copyrighted material, including unauthorized peer-to-peer file sharing. Any individual utilizing McNeese\u2019s computer system or network to participate in this behavior may subject themselves to criminal and civil liabilities. Users who engage in illegal activities may be limited, restricted, or denied access to University resources. The University reserves the right to institute disciplinary actions, such as reprimand, suspension, and dismissal.<\/p>\n\n\n\n
The chief information officer developed a written plan to combat the unauthorized distribution of copyrighted materials by users of the University\u2019s network. The Office of Information Technology implemented this plan through a multi-layered approach, comprised of the following devices:<\/p>\n\n\n\n
Through the combined technology of these devices, administrators have centralized visibility and control over delivery. Bandwidth can be fully managed, shaped, and blocked when necessary. All devices are upgraded regularly to ensure effectiveness.<\/p>\n\n\n\n
Should the Office of Information Technology receive a Digital Millennium Copyright Act (DMCA) notice, the following procedures are followed:<\/p>\n\n\n\n
This equipment configuration, as well as the written plan, is reviewed annually by the Office of Information Technology to ensure effectiveness in combatting the unauthorized distribution of copyrighted materials and peer-to-peer file sharing. <\/p>\n\n\n\n
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 17 U.S.C. \u00a7 506. These rights include the right to reproduce or distribute copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.<\/p>\n\n\n\n
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 \u201cstatutory\u201d damages affixed at not less than $750 and not more than $30,000 per work infringed. For \u201cwillful\u201d infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys\u2019 fees. For details, see 17 U.S.C. \u00a7 504 and 17 U.S.C. \u00a7 505.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
For more information, please see the website of the U.S. Copyright Office at copyright.gov<\/span><\/a>, especially their FAQs at copyright.gov\/help\/faq\/<\/span><\/a>.<\/p>\n\n\n\n All enrolled students are bound by the Code of Student Conduct and Academic Integrity<\/span><\/a>. Included in this code is the Acceptable Use of Information Technology Resources Policy<\/span><\/a>, which forbids students from utilizing information technology resources in ways that violate civil and criminal laws (Code of Student Conduct 3.29 Policy Violation; 3.35 Law Violation). Students alleged to have illegally utilized these resources will be summoned by the Office of Student Services, will be advised of their rights under the Code of Student Conduct and Academic Integrity, and will have their case adjudicated under the Code. Students found guilty of violating the Code of Student Conduct and Academic Integrity can face penalties, singularly or in aggregate, ranging from verbal reprimand (minor violation), suspension of rights and privileges (moderate violations), to expulsion from the institution (major violation).<\/p>\n\n\n\n Employees must abide by the Acceptable Use of Information Technology Resources Policy as well and may face disciplinary actions, up to and including termination, for violation of this policy.<\/p>\n\n\n\n Students are expected to utilize legal alternatives to illegal downloading of music, movies, television shows, and other copyrighted materials. EDUCAUSE has developed an extensive list of legal alternatives, which can be viewed at www.educause.edu\/focus-areas-and-initiatives\/policy-and-security\/educause-policy\/issues-and-positions\/intellectual-property\/legal-sources-onli<\/span><\/a>.<\/p>\n\n\n\n This policy is distributed via the University Policies webpage.<\/p>\n","protected":false},"parent":0,"template":"","policy_types":[19],"class_list":["post-5229","ie_policy","type-ie_policy","status-publish","hentry","policy_types-institutional"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.mcneese.edu\/policy\/wp-json\/wp\/v2\/ie_policy\/5229","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.mcneese.edu\/policy\/wp-json\/wp\/v2\/ie_policy"}],"about":[{"href":"https:\/\/www.mcneese.edu\/policy\/wp-json\/wp\/v2\/types\/ie_policy"}],"version-history":[{"count":5,"href":"https:\/\/www.mcneese.edu\/policy\/wp-json\/wp\/v2\/ie_policy\/5229\/revisions"}],"predecessor-version":[{"id":16172,"href":"https:\/\/www.mcneese.edu\/policy\/wp-json\/wp\/v2\/ie_policy\/5229\/revisions\/16172"}],"wp:attachment":[{"href":"https:\/\/www.mcneese.edu\/policy\/wp-json\/wp\/v2\/media?parent=5229"}],"wp:term":[{"taxonomy":"policy_types","embeddable":true,"href":"https:\/\/www.mcneese.edu\/policy\/wp-json\/wp\/v2\/policy_types?post=5229"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}University Disciplinary Actions<\/h3>\n\n\n\n
Legal Alternatives for Downloading Copyrighted Materials<\/h3>\n\n\n\n
Communication<\/h2>\n\n\n\n