Copyright Guidelines
VII. Computer Software
There is both civil and criminal liability for infringement of the rights of a software copyright owner. Copying software without permission may be a crime even if the person copying the software does not intend to violate the law. Copying an entire software program is highly unlikely to qualify as a "fair use." CUA negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use at the university, since these arrangements provide the CUA community with efficient access to computer programs that support the curriculum while assuring the copyright owner a fair royalty.
If you have questions about whether a particular program is site licensed, check with the Center for Planning and Information Technology (CPIT). Operate on the assumption that software is copyright protected even if the software has no copyright symbol. Do not make copies of software (other than for backup purposes) unless permission is sought from the copyright owner, the copying is permitted under a CUA licensing agreement, or the program is clearly "freeware." If you cannot determine from the program who to contact to obtain permission to copy the software, check with CPIT or the Office of General Counsel before making a copy. In those rare instances where it is impossible to determine who the copyright owner is, it may be permissible to copy the software. Whether the software is transferred from the original to a hard disk or to an archival diskette, the backup copy is not to be used at all as long as the other copy is functional.
Libraries are permitted to lend software, but only for temporary use, not for copying. If the borrower transfers the software to a hard disk, the program must be deleted when the borrowed item is returned. A warning of copyright 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 durably attached to the copies or the container for the copies. The form of the copyright notice is as follows:
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 of 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.
Resources
Copyright and Digital Files
Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community (on EDUCAUSE web page)
links updated 6/5/08 rab
Last Revised 05-Jun-08 03:09 PM.
