Exempt Organizations Advisory - 2008 Higher Education Opportunity Act includes Copyright Infringement Deterrents

Catherine W. Wilkinson (cwilkinson@steptoe.com)
Suzanne Ross McDowell (smcdowell@steptoe.com)
Douglas Kantor (dkantor@steptoe.com)

On July 31, the Senate and House reauthorized the Higher Education Act of 1965 by approving the “Higher Education Opportunity Act of 2008.” The Act, which is summarized here, strengthens the provisions of the 1965 Act in order to hold colleges accountable for rising costs and to improve college access by simplifying the Federal financial aid application process, adding ethics rules governing universities’ relationships with student loan companies, increasing grant aid to needy students, and strengthening college pipeline programs.  The Conference Report on H.R. 4137 and a Joint Explanatory Statement of the Managers of the Conference Committee can be accessed here and here.

Also included in the bill are measures that would require institutions of higher learning to advise students about policies and sanctions related to copyright infringement, including a description of actions taken by the institution to detect and prevent the unauthorized distribution of copyrighted materials on the institution’s technology system.  The new language is expected to include alternatives to illegal downloading or peer-to-peer file sharing.  

The bill, which passed with bipartisan support in both the House and the Senate, is expected to be signed by President Bush.