Means the code is owned by someone who has the right to sell or license the software to others
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. UNAUTHORIZED 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. Respect 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 Alternatives to ExploreSoftware can be expensive. You may think that you cannot afford to purchase certain programs that you need. Site-licensed and bulk-purchased software are legal alternatives that make multiple copies of software more affordable. Many educational institutions negotiate special prices for software used and purchased by faculty, staff, and students. Consult your campus computing office for information. As with other software, site-licensed or bulk-purchased software is still covered by copyright, although the price per copy may be significantly lower than the normal commercial price. A usual condition of site-licensing or bulk-purchasing is that copying and distribution of the software is limited to a central office which must maintain inventories of who received it. When you leave the academic community by graduation, retirement or resignation you may no longer be covered by the institutional agreement and may be required to return or destroy your copies of the software licensed to the institution. Many colleges sell software through a campus store at “educational discounts.” If you purchase software for yourself through such an outlet, the software is yours and need not be destroyed or surrendered when you leave the institution. It is, however, still covered by normal copyright protection and covered by the specific conditions of the licensing agreement. A Final NoteRestrictions on the use of software are far from uniform. You should check carefully each piece of software and the accompanying documentation yourself. In general, you do not have the right to:
If you have questions not answered by this brochure about the proper use and distribution of a software product, seek help from your computing office, the software developer or publisher, or other appropriate authorities at your institution. This brochure has been produced as a service to the academic community by the Educational Uses of Information Technology Program (EUIT) of EDUCOM and the Information Technology Association of America (ITAA). EDUCOM is a non-profit consortium of colleges and universities committed to the use and management of information technology in higher education. ITAA is an industry association providing
issues management and advocacy, public affairs, business-to-business networking, education and other member services to companies which create and market products and Although this brochure is copyrighted, you are authorized and encouraged to make and distribute copies of it, in whole or in part, providing the source is acknowledged. Additional copies of this brochure may be purchased by contacting one of the organizations listed below. EDUCOM ITAA © January 1993 EDICOM and ITAA Who owns the software code?Under copyright law, the author of a line of software code is the owner of the copyright in that code. Literally, the person who puts their fingers on the keyboard and types out a line of software code is the “author” and owns the copyright to the code.
What is code licensing?A unique string, typically non-guessable, that allows a user to activate the unique rights they have purchased for a given application or service. Often used interchangeably with Serial Number.
What are the 4 types of software licenses?What Are the Different Software License Types?. Open Source Software Licenses. ... . Public Domain License. ... . Permissive License. ... . Restrictive Licenses. ... . LGPL. ... . Proprietary Software License Types. ... . Subscription vs Perpetual Licensing. ... . User Licensing: Named Users vs Concurrent Users.. What is a proprietary software license?What is a Proprietary Software License? A proprietary license model is based on the concept that the software company creates software and maintains control over its code, and therefore, its features and use. You most likely use programs that have a proprietary software license.
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