Copyright
Law and Computer Software
The
1976 copyright law was deliberately vague about copyright protection for
computer software until a congressional committee could complete a study.
The law was amended on December 12, 1980 following the receipt of the
committee report. The amendment defines computer software as a literary
work, which gives software copyright protection immediately upon creation.
The amendment also permitted making one archival or back-up copy of each
program.
The International Council for Computers in Education (ICCE) issues a "Suggested
Policy Statement on Duplicating and Using Computer Software in Academic
Settings." The latest edition of that statement appears in Appendix
D and is summarized here.
Back-up
Copy
The
Copyright Act allows the purchaser of software to:
-
Make one copy of software for archival purposes in case the original
is destroyed or damaged through mechanical failure of a computer. However,
if the original is sold or given away, the archival copy must be destroyed.
-
Make necessary adaptations to use the program.
-
Add features to the program for specific applications. These improvements
may not be sold or given away without the copyright owner's permission.
Computer Laboratories
In
computer laboratories where students and teachers have access to software,
the institution should establish procedures that prevent illegal copying
of software. Appropriate warning notices should be posted at the supervisor's
desk or the sign-in station. A suggested warning notice follows.
Software Copying Warning
Software is protected by the copyright law and may not be copied without
the copyright owner's permission. You are liable for damages resulting
from illegal duplication of software.
(A short warning notice also should appear on all sign-in or check-out
forms.)
Computer User Agreement Form
As a condition of using the institution's computer equipment, I agree
not to use the equipment to duplicate copyrighted software, whether
it is my personal copy or is owned by the institution. I assume liability
for any copyright infringements caused by me.
Signed:_____________________________________ Date:___________________
Multiple Loading
It
is convenient to load one program disk into several computers for simultaneous
use of the program. It is unclear if this is legal, but the ICCE Software
Guidelines suggest that this should not be allowed. Licenses authorizing
multiple loading are available from some publishers.
Networks
Many
educational institutions have local-area networks (LAN) or wide-area networks
(WAN) which enable large computers to serve many smaller computers or
terminals within the institution. Licenses are required to use software
on networks.
Database
Downloading
Downloading
involves copying a data transmission from database utility to a user's
computer. This shortens the "connect time," which is the basis
for most user fees. It also enables the searcher to clean up the data
before printing a copy. Databases are copyrightable and copying from a
database to a computer appears to be a copyright infringement. The copyright
owners generally accept temporary downloading as a fair use as long as
only one report is printed and the data is erased after printing the report.
The problem centers on long-term retention of data to reuse or to combine
to create a local database. Long-term retention for any purpose requires
a downloading license. These licenses are offered by most database utilities.
|
