--- title: "Higher Education Opportunity Act (HEOA) Peer-to-Peer (P2P) File Sharing Compliance" canonical: "https://tech.calpoly.edu/space/CPKB/3635085337/Higher%20Education%20Opportunity%20Act%20(HEOA)%20Peer-to-Peer%20(P2P)%20File%20Sharing%20Compliance" format: markdown --- The [Higher Education Opportunity Act](https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-opportunity-act-of-2008) (HEOA) requires institutions participating in federal student financial aid programs to develop and implement plans to effectively combat the unauthorized distribution of copyrighted material using their campus networks. Cal Poly meets these requirements through a combination of user education, university policies, Digital Millennium Copyright Act (DMCA) procedures, technology-based deterrents, and periodic review of its compliance program. ## Federal Requirements Under the HEOA, institutions are required to: - Provide annual notifications to students regarding copyright law and institutional policies. - Develop and implement a plan to effectively combat unauthorized distribution of copyrighted material using institutional networks. - Offer information about legal alternatives to unauthorized downloading or sharing of copyrighted materials. - Periodically review the effectiveness of the institution's plan and make improvements as appropriate. ## How Cal Poly Complies Cal Poly satisfies the HEOA requirements through the following activities. ### Annual Student Notification Cal Poly provides students with information regarding: - United States copyright law - Civil and criminal penalties for copyright infringement - University policies governing acceptable use of technology resources - Legal alternatives for obtaining copyrighted materials This information is provided through university communications and published information resources in support of Cal Poly's compliance with the Higher Education Opportunity Act (HEOA). ### University Policies The following university policies establish expectations for the responsible use of Cal Poly technology resources and compliance with copyright law. - [Responsible Use Policy](https://policy.calpoly.edu/cap/1200/cap-1200#cap-1203-1) (RUP) - [Information Security Program](https://cpslo.sharepoint.com/sites/InformationSecurityResources/SitePages/Information-Security-Program.aspx?csf=1&web=1&e=JumB6D) - Including applicable [California State University (CSU) Policies](https://calstate.policystat.com/policy/18314228/latest/) ### DMCA Compliance Cal Poly maintains procedures for receiving, investigating, and responding to copyright infringement notices in accordance with the Digital Millennium Copyright Act (DMCA). The following Knowledge Base articles describe these processes: - **DMCA FAQs** [https://tech.calpoly.edu/space/CPKB/3624763407/DMCA+FAQs](https://tech.calpoly.edu/space/CPKB/3624763407/DMCA+FAQs) - **Copyright Infringement Notification** [https://tech.calpoly.edu/space/CPKB/3624697866/Copyright+Infringement+Notification](https://tech.calpoly.edu/space/CPKB/3624697866/Copyright+Infringement+Notification) - **DMCA Notification Procedures** [https://tech.calpoly.edu/space/CPKB/3624730633/DMCA+Notification+Procedures](https://tech.calpoly.edu/space/CPKB/3624730633/DMCA+Notification+Procedures) ### Technology-Based Deterrents Consistent with HEOA requirements, Cal Poly employs reasonable technology-based measures to discourage the unauthorized distribution of copyrighted materials on university networks while supporting the university's academic, research, and administrative missions. Specific technical controls may change over time and are not documented in this Knowledge Base article. ### Program Review Information Technology Services periodically reviews Cal Poly's HEOA compliance program to evaluate its effectiveness and to ensure continued compliance with: - Higher Education Opportunity Act (HEOA) - Digital Millennium Copyright Act (DMCA) - Applicable CSU policies - Cal Poly policies and standards Updates are made as laws, technologies, university practices, or security requirements evolve. ## Responsibilities of the Campus Community All members of the Cal Poly community are responsible for respecting intellectual property rights and complying with: - United States copyright law - The Digital Millennium Copyright Act (DMCA) - Cal Poly's Responsible Use Policy - Other applicable CSU and university policies Members of the Cal Poly community are expected to obtain copyrighted materials through lawful means and refrain from the unauthorized downloading, uploading, copying, or sharing of copyrighted works, including music, movies, television shows, software, games, books, and other protected content. Violations of copyright law or university policy may result in one or more of the following: - University disciplinary action - Loss or restriction of technology privileges - Civil liability - Criminal penalties, when applicable ## Legal Alternatives to Unauthorized File Sharing Students and employees are encouraged to obtain copyrighted materials through legitimate and licensed sources, including: - Commercial streaming services - Licensed software vendors - Academic publishers - University Library resources - Other authorized content providers ## Related Resources ### Knowledge Base - [DMCA FAQs](https://tech.calpoly.edu/space/CPKB/3624763407/DMCA+FAQs) - [Copyright Infringement Notification](https://tech.calpoly.edu/space/CPKB/3624697866/Copyright+Infringement+Notification) - [DMCA Notification Procedures](https://tech.calpoly.edu/space/CPKB/3624730633/DMCA+Notification+Procedures) ### Policies - [Responsible Use Policy](https://policy.calpoly.edu/cap/1200/cap-1200#cap-1203-1) - [Information Security Program](https://cpslo.sharepoint.com/sites/InformationSecurityResources/SitePages/Information-Security-Program.aspx?csf=1&web=1&e=JumB6D) ### External Resources - [U.S. Copyright Office](https://www.copyright.gov/what-is-copyright/) – [Copyright Basics](https://www.copyright.gov/circs/circ01.pdf) - [EDUCAUSE Library – Higher Education Act (HEA)](https://library.educause.edu/topics/policy-and-law/higher-education-act-hea)