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.
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.
In most cases,
copyright owners grant rights to use computer programs through a license,
which controls the types of use that are allowed.
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
of Computer Software by 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:
WARNING OF COPYRIGHT RESTRICTIONS
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.
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.