Software enables us to accomplish many different tasks with computers. Unfortunately, in order to get our work done quickly and conveniently, some people make and use unauthorized software copies. The purpose of this guideline is to provide a brief outline of what you legally can and cannot do with software. Hopefully it will help you better understand the implications and restrictions of the U.S. Copyright Law. Show
Some Relevant FactsUNAUTHORIZED copying of software is illegal. Copyright law protects software authors UNAUTHORIZED copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on a campus, the institution may incur legal liability. Also, the institution may find it more difficult to negotiate agreements that would make software more widely and less expensively available to members of the academic community. UNAUTHORIZED copying and use of software deprives publishers and developers of a fair return for their work, increases prices, reduces the level of future support and enhancements, and can inhibit the development of new software products. RESPECT for the intellectual work of others has traditionally been essential to the mission of colleges and universities. As members of the academic community, we value the free exchange of ideas. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, applications, data bases and code. THEREFORE, we offer the following statement of principle about intellectual property and the legal and ethical use of software. The EDUCOM CodeSoftware and Intellectual RightsRespect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgement, right to privacy, and right to determine the form, manner and terms of publication and distribution. Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community. EDUCOM’s Educational Uses of Information Technology (EUIT) Program encourages the broadest possible adoption of this statement of principle. The EDUCOM Code is intended for adaptation and use by individuals, and educational institutions at all levels. Classification of SoftwareIn terms of copyright, there are four broad classifications of software:
The restrictions and limitations regarding each classification are different. CommercialCOMMERCIAL software represents the majority of software purchased from software
SharewareSHAREWARE software is covered by copyright, as well. When you acquire software under a
Selling software as SHAREWARE is a marketing decision, it does not change the legal requirements with respect to copyright. That means that you can make a single archival copy, but you are obliged to pay for all copies adopted for use. FreewareFREEWARE also is covered by copyright and subject to the conditions defined by the holder
That means that you cannot take FREEWARE, modify or extend it, and then sell it as COMMERCIAL or SHAREWARE software. Public DomainPUBLIC DOMAIN software comes into being when the original copyright holder explicitly relinquishes all rights to the software. Since under current copyright law, all intellectual works (including software) are protected as soon as they are committed to a medium, for something to be PUBLIC DOMAIN it must be clearly marked as such. Before March 1, 1989, it was assumed that intellectual works were NOT covered by copyright unless the copyright symbol and declaration appeared on the work. With the U.S. adherence to the Berne Convention this presumption has been reversed. Now all works assume copyright protection unless the PUBLIC DOMAIN notification is stated. This means that for PUBLIC DOMAIN software
Questions You May Have About Using SoftwareWhat do I need to know about software and the U.S. Copyright Act?It’s really very simple. The Copyright Law recognizes that all intellectual works (programs, If you have a legal copy of software you are allowed to make a single archival copy of the software for backup purposes. However, the copy can only be used if the original software is destroyed or fails to work. When the original is given away, the backup copy must also be given with the original or destroyed. If software is not copy-protected, do I have the right to copy it?Lack of copy-protection does NOT constitute permission to copy software without May I copy software that is available through facilities on my campus, so that I can use it more conveniently in my own office or room?Software acquired by colleges and universities is usually covered by licenses. The licenses should clearly state how and where the software may be legally used by members of the relevant campus communities (faculty, staff and students). Such licenses cover software whether installed on stand-alone or networked systems, whether in private offices and rooms, or in public clusters and laboratories. Some institutional licenses permit copying for certain purposes. The license may limit copying, as well. Consult your campus authorities to be sure if you are unsure about the permissible use of a particular software product. May I loan software?The 1990 modification to the Copyright Law makes it illegal to “loan, lease or rent Some licenses may even restrict the use of a copy to a specific machine, even if you own more than one system. In general, licenses usually do NOT allow the software to be installed or resident on more than a single machine, or to run the software simultaneously on two or more machines. Isn’t it legally “fair use” to copy software if the purpose in sharing it is purely educational?Historically, the Copyright Law was modified to permit certain educational uses of copyrighted materials without the usual copyright restrictions. However, “fair use” of computer software is still a cloudy issue. The “fair use” amendments to the copyright law are intended to allow educational use of legally protected products, but it is limited (for paper-based products) to small portions of full works. For most software it is clearly illegal to make and distribute unauthorized, fully-functional copies to class members for their individual use. Making copies of a small section of code from a program in order to illustrate a programming technique might not be a violation. The best alternative is to clear any such use with the copyright owner or consult the appropriate authorities at your institution. |