Who's Held Responsible For Copyright Infringement?

User groups should ensure that their meetings do not promote illegal duplication. Such duplication by user groups or at group meetings places in jeopardy not only those who duplicate the software, but the other members and even the owner of the meeting place as well.

For most packages, you are not buying the software, only the rights to use it. The software is owned by the company itself, and to use their software you must agree to their licensing conditions. The contract between purchaser and vendor is the license. Always read the licensing material carefully when you purchase new software. There is no standard license. Some allow one copy for archival purposes (in case of electronic or mechanical failure or other catastrophe). Most allow one copy on a single computer; however, there are a few that allow more than one, as long as no two copies are used at the same time (see situation No. 7). The latter is sometimes referred to as a "book" copyright license (i.e., two people cannot read the same book at the same time). A select few allow you to make one copy to give someone for evaluation purposes, on the strict condition that if the person decides to continue using the software, he or she must purchase a registered copy. Site licenses allow use by many (through a specified number) at a selected "site" (for instance, on a network or in a lab). In most every case, you do not have the right to modify the program code or decompile it to see how it was written.

Consider licensing agreements carefully before you copy. Often, you accept the licensing conditions of a software agreement simply by breaking the seal on the disk envelope. For example: "By opening this package, you are agreeing to be bound by the terms of this agreement."

Listed below are a few situations that could arise in your own area or department.

1. You replace someone who had a computer. Do not assume that all the copies of software on the computer are legal. Check to see if the original diskettes, official templates, or an original manual (which may have the registration number listed) exist for the programs. If they cannot be located, you may need to speak with the person in your department who purchases the software and try to track it from there. This involves the old "ignorance is no excuse" issue that the courts simply will not overlook.


2. If your office works off a network, be especially careful of each software program's license. With some software that you buy for networks, you purchase the right to have the program used by all those connected to the network--site license. However, there are others that still require that a registered copy of the program be purchased for each person who will be using it.


3. If a software package has been purchased by an office for one of its employees (not a site license), the other employees may not make legal copies. This is probably one of the most common mistakes made. As mentioned above, most licenses require that each machine must have a purchased copy of the program.


4. There are many computer labs on campus with hundreds of pieces of software. Some of the programs are shareware and freeware, which can be legally copied. Much of it is not. The software in the labs has been purchased and registered for the lab network or its individual machines only. Any registered software copied from one of the lab networks, lab machines, or lab disks is a pirate (bootleg) copy. It is illegal. Remember, Lab Directors, seeing that the copyright license of your software is enforced is your responsibility.


5. Can a professor make multiple copies of a program for use in the classroom during a specific class time or copy the program to give to the students for their use during the semester? Again, this depends on the software license. Sometimes special provisions are made for student versions, or "lab packs" can be purchased (similar to a site license). Be sure to read the license carefully. The same law (Title 17 U.S. Code) applies for software as for written materials. You cannot make unauthorized copies; you must have permission of the copyright owner. In the case of software, you must purchase the proper number of registered copies. "I just used it for my students in the classroom," will not exempt you in the court's eyes from the "one registered program, one machine" license.


6. If you purchase an update to a program, you may not give (or sell) the older version to a co-worker, friend, etc. Updates are defined as enhancements to the original package. After the package has been updated, the old one should be either destroyed or put away as a backup copy only (does not apply to a complete re-registered upgrade).


7. This question often arises: Can I take this software home and use it on my own equipment to finish my work? The answer can be either yes or no in this case. Again, the licensing agreement will answer this for you. There are some agreements that say you can use the program on several machines, provided that no two are running at the same time. Other agreements say absolutely not--one registered program, one machine.

If you do not understand your license, please contact the technical support department of your software company. To report abuse of the software copyright protection statutes or applicable operating procedures of Texas Tech, contact the administrator responsible for the software involved. In some instances, the appropriate person would be the facility manager, or it could be the director, department head, or dean. In other instances and special cases, the report may be made to the Associate Vice President for Computing and Information Technologies.