The Higher Education Authorization Act of 2009 includes:
§668.14 Program participation agreement.
(b) By entering into a program participation agreement, an institution agrees that—
(30) The institution—
(i) Has developed and implemented written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network, without unduly interfering with educational and research use of the network, that include—
(A) The use of one or more technology-based deterrents;(B) Mechanisms for educating and informing its community about appropriate versus inappropriate use of copyrighted material, including that described in §668.43(a)(10);(C) Procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures; and(D) Procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials by users of the institution’s network using relevant assessment criteria. No particular technology measures are favored or required for inclusion in an institution’s plans, and each institution retains the authority to determine what its particular plans for compliance with paragraph (b)(30) of this section will be, including those that prohibit content monitoring; and(ii) Will, in consultation with the chief technology officer or other designated officer of the institution—
(A) Periodically review the legal alternatives for downloading or otherwise acquiring copyrighted material;(B) Make available the results of the review in paragraph (b)(30)(ii)(A) of this section to its students through a Web site or other means; and(C) To the extent practicable, offer legal alternatives for downloading or otherwise acquiring copyrighted material, as determined by the institution
§668.43 Institutional information.(a) Institutional information that the institution must make readily available upon request to enrolled and prospective students under this subpart includes, but is not limited to—
(10) Institutional policies and sanctions related to copyright infringement, including—
(i) A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;(ii) A summary of the penalties for violation of Federal copyright laws; and(iii) A description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system
In accordance with these rules, this document serves as a written plan to respond to illegal peer-to-peer file sharing. Luther College provides the following information regarding actions to control illegal file sharing of copyrighted content on our networks:
Luther College employs the following technology-based deterrents:
Luther College maintains a website (http://www.luther.edu/copyright) that contains a wide selection of copyright notices, policies, and resources to empower members of the community to comply with all relevant copyright laws. Additionally, an email notice is delivered to all faculty, staff, and students within the first two weeks of each semester reminding them of Luther policies regarding copyright and appropriate use of data networks with regard to peer-to-peer file sharing. Additionally, all community members must assent to the Luther College Statement of Responsibility twice a year when changing their Norse Key credentials. This Statement includes language reminding community members of their responsibilities regarding copyright and use of data networks.
Upon receipt of properly prepared copyright infringement notices, Luther College:
Luther College considers effective combat of unauthorized distribution of copyrighted materials to be low rates of second and subsequent copyright infringement notices against specific users. Data regarding copyright notices received and recidivism of alleged infringers is published below:
As part of Luther College's policy on peer-to-peer file sharing, the College maintains a list of a variety of sources for the legal downloading of copyrighted material. This list is also directly emailed to all Luther College faculty, staff, and students within the first two weeks of the start of each semester.