Copyright Guidelines

Computer Software

United States copyright law broadly defines a "computer program" as a "set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result." 15 U.S.C. § 101. Generally, the owner of the copyright in a computer program has exclusive rights in the program, including the right to use, reproduce, and create adaptations of the programs. The use, reproduction, or creation of an adaptation of a computer program or its documentation without the permission of the copyright owner is a violation of federal copyright law and could result in monetary and/or criminal liability.

Backup Copy

Copyright law allows the purchaser of a computer program to make one backup copy of the program. This backup copy, however, may only be used if the original copy is no longer functional and must be destroyed when rights to use the original copy of the computer program cease.

Licenses

In most cases, copyright owners grant rights to use computer programs through a license, which controls the types of use that are allowed.

MCCCD has entered into many licenses with owners of computer software for use at colleges within the District. These licenses are subject to numerous restrictions. Faculty and students should not make copies of software licensed to MCCCD, including copies for educational use, unless expressly authorized. Note that MCCCD's Computing Resource Standards prohibit the use of MCCCD computing resources to infringe software, graphics, photographs or any other copyrightable material.

Lending of Computer Software by Libraries

MCCCD's libraries may lend computer software for temporary use by faculty and students. Any copy of a computer program lent by one of MCCCD's libraries must have affixed to the copy the following copyright warning:

NOTICE: WARNING OF COPYRIGHT RESTRICTIONS

THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17, UNITED STATES CODE) GOVERNS THE REPRODUCTION, DISTRIBUTION, ADAPTATION, PUBLIC PERFORMANCE, AND PUBLIC DISPLAY OF COPYRIGHTED MATERIAL. UNDER CERTAIN CONDITIONS SPECIFIED IN LAW, NONPROFIT LIBRARIES ARE AUTHORIZED TO LEND, LEASE, OR RENT COPIES OF COMPUTER PROGRAMS TO PATRONS ON A NONPROFIT BASIS AND FOR NONPROFIT PURPOSES. ANY PERSON WHO MAKES AN UNAUTHORIZED COPY OR ADAPTATION OF THE COMPUTER PROGRAM, OR REDISTRIBUTES THE LOAN COPY, OR PUBLICLY PERFORMS OR DISPLAYS THE COMPUTER PROGRAM, EXCEPT AS PERMITTED BY TITLE 17 OF THE UNITED STATES CODE, MAY BE LIABLE FOR COPYRIGHT INFRINGEMENT. THIS INSTITUTION RESERVES THE RIGHT TO REFUSE TO FULFILL A LOAN REQUEST IF, IN ITS JUDGEMENT, FULFILLMENT OF THE REQUEST WOULD LEAD TO VIOLATION OF THE COPYRIGHT LAW.

The copyright warning set forth above must be affixed "to the packaging that contains the copy of the computer program, which is the subject of a library loan to patrons, by means of a label cemented, gummed, or otherwise durably attached to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent receptacle for the copy of the computer program." 37 CFR § 201.24. In addition, the notice must be "printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual user of the computer program." Id.