U-M Plan for Higher Education Opportunity Act (HEOA) Compliance
Overview of DMCA/HEOA requirements
The Digital Millennium Copyright Act of 1998 (DMCA) was designed to combat the web-centered file sharing of digital copyrighted materials, at the time mainly MP3 recordings. The initial requirements for institutional compliance included:
Designation of an official DMCA agent.
Registration of a mailbox (firstname.lastname@example.org) for receiving complaints from copyright holders. U-M will only process complaints from copyright holders that are sent to the email address registered with the U.S. Copyright Office.
Development and implementation of a notification process for users alleged to have infringed copyright law.
In 2008 Congress passed the Higher Education Opportunity Act (HEOA) that included additional requirements designed to deter file sharing of copyrighted digital media (music, movies, games, etc.) via the peer-to-peer (P2P) protocols that did not exist at the time of the passage of the DMCA. The specific HEOA requirements include:
Annual Disclosure to inform students that unauthorized distribution of copyrighted materials is illegal.
Documentation of a compliance plan that includes a "technology-based deterrent."
Periodic review of the effectiveness of the plan.
Alternatives to illegal file-sharing.
U-M Digital Copyright Compliance Program Components
I. Annual Disclosure/Education & Awareness
II. Strategy for Effectively Combating the Distribution of Unauthorized Copyrighted Materials
III. Provide alternative sources for authorized copies of copyrighted materials