Overview
H.R 4137, the Higher Education Opportunity Act (HEOA), a reauthorization of the Higher Education Act, became public law 110-315 after Presidential signature. It includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that:
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Institutions make an annual disclosure that informs students that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties and describes the steps that institutions will take to detect and punish illegal distribution of copyrighted materials.
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Institutions certify to the Secretary of Education that they have developed plans to “effectively combat” the unauthorized distribution of copyrighted material.
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Institutions, “to the extent practicable,” offer alternatives to illegal file sharing.
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Institutions identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials.
Purpose
This policy outlines York College’s plan to comply with these requirements.
Scope
This policy applies to all users of College computing resources (including students, faculty, staff, retirees, alumni, contractors, visitors, and other users of these resources), whether affiliated with the College or not, and to all uses of those resources (including bringing your own device), whether on campus or from remote locations. While this policy applies broadly to all users for operational and security purposes, the College’s annual disclosure, certification, and educational obligations under the HEOA are primarily directed toward enrolled students, consistent with federal law and guidance.
Annual Disclosure
York College of Pennsylvania provides an annual disclosure to students regarding the legal and institutional consequences of the unauthorized distribution of copyrighted materials, as required by the HEOA. This disclosure is issued at least annually and is coordinated by the appropriate administrative offices, including Library & Technology Services and Student Affairs. The College maintains documentation of the disclosure methods used each year to demonstrate compliance with federal requirements.:
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In order to use college computing resources, all members of the York College Community endorse an Acceptable Use Policy that includes a section on copyright compliance.
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Computing support staff members, including student Help Desk workers, are regularly trained on the College position with respect to copyright issues. Student workers provide an important channel for communicating with the student community.
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Language has been added to the Student Handbook outlining the Digital Millennium Copyright Act.
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The computing staff periodically briefs members of the Student Senate about copyright, illegal file sharing, and related issues.
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York College’s policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are published on the LTS Help site.
Plans to “Effectively Combat” the Unauthorized Distribution of Copyrighted Material
York College has implemented a combination of technical, administrative, and educational measures designed to reasonably deter and address the unauthorized distribution of copyrighted materials on its networks, while preserving legitimate academic and lawful uses of network resources. These measures are intended to represent a balanced, proportional, and effective response consistent with the HEOA’s “effectively combat” standard. We limit the amount of bandwidth available to P2P applications but we do not filter such applications since much of the traffic is legal.
The College responds to all Digital Millennium Copyright Act (DMCA) notices according to the York College DMCA Compliance Policy.
Alternative to Illegal File Sharing
To the extent practicable, York College encourages the use of lawful alternatives to illegal file sharing, including library-licensed digital resources, subscription-based streaming services, and other legitimate content platforms. The College periodically reviews and updates information made available to the campus community regarding legal alternatives to unauthorized file sharing. Educause maintains a comprehensive list of Legal Downloading Resources – http://www.educause.edu/legalcontent. The York College community is encouraged to take advantage of these legitimate sources of digital content.
Reviewing Effectiveness
York College will review reports of non-compliance annually to assess the extent to which our anti-piracy messages are reaching individuals in the campus community, the extent to which the campus is taking advantage of legal alternatives, the impact of our technical efforts to combat illegal file sharing, and other aspects of our plans to combat the unauthorized distribution of copyrighted materials. These reviews are conducted at least annually and are used to assess whether modifications to the College’s approach are warranted.
Reviewing the Plan
The York College Library & Technology Group Leaders will meet annually to review the effectiveness of the copyright plan. Overall campus awareness, technology changes and frequency of take down notices will all be taken into account in a comprehensive assessment. If the metrics suggest that modification to the plan is needed a recommendation is made for review by the policy team and other affected parties.
Revised 1/23/2026