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The Higher Education Opportunity Act of 2008 (HEOA) (Pub. L. 110-315) added provisions to the Higher Education Act of 1965, as amended, (HEA) requiring Institutes to take steps to combat the unauthorized distribution of copyrighted materials through illegal downloading or peer-to-peer distribution of intellectual property.Although, AATI, Corp. does not does not monitor its networks for the purpose of discovering illegal activity, we make sure that copyright, particularly as it applies to digital assets, is respected within the student, faculty and staff.
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 section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. 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 "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505. 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. For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at http://www.copyright.gov/help/faq.
AATI adopted the following steps to combat the unauthorized distribution of copyrighted materials on an ongoing basis: • Upon enrollment, students to be are required to read and accept the written policies (See AATI Form 4). Faculty and staff are also required to read and accept the policies. These policies define what activities are allowed or prohibited on the network and other campus electronic communications resources. • During orientation, illegal file sharing is addressed. • Notices are posted throughout the premises and website notifying the legalities of downloading copyrighted content • Periodically, all email account users receives an email from upper management regarding copyright infringement and related issues.
AATI, Corp. is responsible for providing access to the Institute’s community to legal options for obtaining electronic content, including movies and music. The Institute’s resource room or library maintains a copy of a list of samples of legal alternatives. There are many legal sources; some are free and some charge a nominal fee. The Motion Picture Association of America maintains up-to-date and comprehensive compendia of legal sources. EDUCASE.edu also maintains a public list with alternatives.
Beginning November 2010, AATI conducted an initial review of its Plan for Combating Illegal File-sharing. Subsequent reviews are conducted every two years. No single criterion is used to determine whether or not the plan is effective; a range of factors are considered in the context of the changing, external environment.
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