Copying of Computer Software
This material is a adapted from Memo 62 of the Stanford University Administrative Guide.
On December 24, 1986, President Donald Kennedy issued the following statement concerning the University's policy on the copying of computer software:
"There is a widespread perception that unlawful copying of computer software is a commonplace event in universities. Although I think this perception is unfair when applied to Stanford, I want nevertheless to make our policy clear: unlawful software cop
ying is not permitted.
We are all obliged to comply with valid laws and contractual obligations. With respect to intellectual property, that obligation is higher in an academic community than elsewhere; neither the ease of copying nor the high cost of software relieves us of i
t.
Deans and department heads and directors are charged with ensuring that University faculty, staff and students are aware of and observe restrictions against unauthorized copying and use of computer software, as provided in the attached guidelines."
Guidelines on Software Copying
Scope of Policy:
- The proscription against unlawful software copying applies to all faculty, staff, and students. The policy applies equally to all software for microcomputers, minicomputers, mainframes, or any other devices; it also applies to software documentation.
Sanctions for Violation:
- Disciplinary steps will be taken against individuals violating this policy in the course of University-related activities, or using University facilities to conduct or assist in unlawful copying, under the procedures appropriate to students, staff, or
faculty as the case may be. For example, unlawful copying would be considered misconduct by members of the University staff, and in appropriately severe circumstances could result in discharge for cause. See also the statement on Faculty Discipline, an
d the Regulations Governing Student Conduct and Procedures for their Enforcement.
- The possible disciplinary actions for violation of the policy, such as termination of employment or student status, will depend on the facts and circumstances of each case and is likely to include restitution to the copyright owner. In addition, indi
viduals may be denied access to University computers or related facilities.
Responsibility for Compliance:
- When software is acquired by the University, the using department is responsible for reading and adhering to the terms of the license agreement and preventing unauthorized copying.
- Supervisors should ensure that employees and other persons having access are advised of restrictions and do not make copies impermissibly.
- Software purchased by individuals is the responsibility of the individual. Persons who knowingly aid in unauthorized copying also may be liable; e.g., by loaning software to another person with the intent that the borrower will make an unauthorized c
opy, or by knowingly allowing one's computer to be used for making an unauthorized copy.
Notification:
- Copies of this policy and these Guidelines shall be distributed to students periodically by the office of the Dean of Student Affairs. Supervisors are charged with ensuring that applicable employees are aware of this policy. Additionally, the follow
ing actions should be taken:
Self-service Microcomputers:
All University self-service microcomputers (e.g., those in the libraries available for patron use) shall have on them, or nearby and visible to the user, a notice stating that unlawful copying is prohibited. The
suggested form for such notice is: NOTICE: Copying software or documentation may be subject to the Copyright Law. Unlawful copying is prohibited.
Software Lending Libraries:
University software lending libraries shall undertake appropriate measures to ensure that patrons are advised that copying of the loaned software is prohibited (unless the software is in the public domain or the o
wner has consented to copying). Such steps shall include all or some of the following: signed statements by the borrowers, posted signs, labels on software and documentation, and warnings displayed on the computer screen.
Software Labels:
Supervisors shall ensure that labels and notices proscribing copying are not removed from software acquired by the University and that copies lawfully made include duplication of such labels and notices.
Further Information:
- A question and answer sheet containing frequently asked questions is available from the Office of the Vice President for Information Resources (attached). Further questions about software copying should be referred to Information Resources or the Gen
eral Counsel's office.
Information on Software
The University Policy on Copying Computer Software is stated in the Administrative Guide, Memo 62 (see above). The following, in question and answer format, answers some frequently asked questions about this policy. If you have further questions about s
oftware copying, please direct them to the office of the Vice President for Information Resources or to the office of the General Counsel.
What legal protections apply to software?
- Copyright law protects software against copying and distribution, even in the absence of a license agreement. To preserve copyright protection on software distributed to the public, however, the copyright owner normally must include a copyright not
ice on the software or otherwise notify you that copyright protection is being retained. The (c) symbol of a indicates that copyright protection applies. This notice may be displayed on the video screen when the software is used, or may appear in the pa
ckaging or documentation.
- Software may be further protected by contract law. The license agreement with the software vendor may specify, for example, that the software may not be disclosed to others or that multiple-use (e.g., time sharing) is prohibited. Some software is di
stributed under a license that you agree to by opening the package and using the software.
What copying is permitted?
- You can make a backup copy solely for your own use in case your master becomes unusable. If your computer has a hard disk, you can copy the software onto a hard disk and retain the floppy version as a backup. (But you should not loan the floppy to
another user.) Generally, you cannot make a copy for another person's use. Also, most license agreements prevent multiple use of software when only one copy has been paid for. Transmission of the software, e.g., from a central disk to a networked or re
mote user, generally is prohibited.
- Some license agreements may permit copying. For example, the Samson program distributed by the Stanford Data Center may be copied for another member of the Stanford community. Also, some software permits the making of multiple copies for your own us
e. Read the license agreement that comes with the program.
- You can make and distribute whatever copies you want if the software is in the public domain (there is no copyright protection and no restrictive clauses in a license agreement or notice).
Can software be loaned or sold?
- Unless the license agreement is to the contrary, it is probably all right to assume that you can loan the software or "sell" it to another person provided the recipient agrees to be bound to the license agreement. But both of you cannot use it at the
same time nor should the borrower make any copies. One rule of thumb is to assume that only one person at a time may use the software when one copy has been purchased from the vendor. It may be difficult to obtain trouble-shooting services and updates
from the vendor, however, if you are not the registered owner of the copy of software.
- Software acquired in the name of the University normally may be loaned or "sold" from one department to another unless the license is CPU-specific and so long as the prohibitions against copying and multiple users are observed.
Software is expensive. What is the University doing about it?
- Paying the vendor for another copy of a software program usually is very expensive compared to making a copy yourself. Nevertheless, until the law is changed, you cannot make an unauthorized copy in violation of the vendor's legal rights. Additional
ly, software vendors invest significant time, money, and creative effort in developing and marketing software; the license fees compensate them for the up-front investment and risks.
- The University and the Bookstore are in the process of negotiating blanket, multiple-user and bulk-purchase licenses with vendors that hopefully will make some of the most popular software available at much lower cost.
What are the legal consequences of unauthorized copying?
- Intentional violations of copyright law are federal crimes. Additionally, there may be liability for monetary damages for violation of copyright or breach of a license agreement. Therefore, unauthorized software copying is a serious matter.
- Moreover, the impression (whether true or false) that the University is a place where rampant unauthorized copying occurs severely damages the efforts of the University to obtain blanket and bulk-purchase licenses.
