Copyright and Fair Use Computer Software Jason B. Helton ITEC 7445 Multimedia and Web Design Summer 2015

The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Tımes to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. United States Constitution Article I, Section 8 Retrieved from copyright.gov as written in the United States Constitutioncopyright.gov

What is a Copyright?  According to copyright.gov (2011), a “copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.”copyright.gov  Copyright may include the following: “literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture ” (2011).

What does a copyright contain?  A copyright notice should contain three elements according to copyright.com. copyright.com  1. The symbol © (the letter C in a circle), the abbreviation "Copr.“ or the word "Copyright“.  2. The year in which the item was created  3. Include the owners name of the copyright.  Example: © 2015 Kennesaw State University

What is fair use?  According to Copyright.com (2008), “Fair use is a concept embedded in U.S. law that recognizes that certain uses of copyright- protected works do not require permission from the copyright holder or its agent.”Copyright.com  “These include instances of minimal use that do not interfere with the copyright holder's exclusive rights to reproduce and reuse the work” (2008).

Software Copyrights  When you purchase computer software, it will usually come on CD or as a digital download.  The purchase of computer software typically comes with a user license agreement.  The license for software usually takes two forms. It will either be a single user license or a multiple user license.

What are single(purchased)user and multiple (licensed)user licenses?  A single user license means that a computer program may only be installed one computer, or for one user.  Multiple user licenses of programs can typically be purchased and installed on 2 or more computers in the school system.  Most office software and windows programs are typically purchased with a multiple user license for every computer in the system.

What can schools do to meet software copyright regulations?  Software can typically be installed on multiple computers through the school network.  Software can be installed at school or at home.  Libraries can lend out software for single person use. Retrieved from Copyright and Fair use Guidelines for TeachersCopyright and Fair use Guidelines for Teachers

What can schools do to meet software copyright regulations?  Libraries can make archival copies. This can be used to replace damage, lost, or stolen copies of the original disc.  A network license may be required for school wide distribution.  Network administrators should aggressively monitor the network to make sure that illegal copies are not being used. Retrieved from Copyright and Fair use Guidelines for TeachersCopyright and Fair use Guidelines for Teachers

What should you do before installing programs?  Make sure it is school appropriate!!!!  Obtain permission from the technology director/administrator. Some programs may not be compatible with the school network or security features.  The number of users and the number of computers the program is installed on must not exceed the number of copies purchased. Retrieved from Copyright and Fair use Guidelines for TeachersCopyright and Fair use Guidelines for Teachers

What should you do before installing programs?  DO NOT make copies of licensed software unless you have permission.  Watch out for downloading illegal software that was not purchased and distributed legally. These may also contain viruses or malware.

Scenarios  You have downloaded a very popular science program from an internet site called bootlegprogramsonus.com for free to install in your classroom for educational purposes. Since the program is usually around $200, this look like a bargain. You jump on this chance and make copies for your peers at work to install on their classroom computers. Was this a good deal?  No, many popular programs that are normally paid for will have some unknown sites trying to sell bootleg copies or offer them for free. Typically, these are illegal copies that could result in a lawsuit for you and the school system. If it looks fishy, it probably is!

Scenarios  You have decided to purchase and install a reading program on your classroom computers. The license agreement states that the program may be installed on only 1 computer at a time. Can you legally make copies of the program and install another copy on a second computer?  Answer: Partial Yes and No. Since you purchased the program yourself, you may legally make a backup copy unless stated otherwise in the license agreement. However, you may only install the program on only 1 computer at a time.

Scenarios  The school has purchased a software license for Einstein Mathematics. The software license agreement states that the license contains permission for 10 computers. If Classroom A has 4 installations and Classroom B has 5 installations, can you legally install 1 copy into Classroom C?  Answer: Yes, you have only used 9 copies of a 10 copy license. Legally, you still have 1 more copy that you can install.

References  Copyright and fair use. (2015). Stanford University Libraries. Retrieved from  Copyright and fair use guidelines for teachers. Retrieved from UsebyTechnologyandLearning.pdf UsebyTechnologyandLearning.pdf  Copyright basics: fair use. (2008). Retrieved from  Copyright basics: the teach act. (2005). Retrieved from  Copyright basics: what is copyright law?. (2005). Retrieved from

References  Copyright law of the United States and related laws contained in title 17 of the United States code. (2011). Retrieved from  United States copyright office. (2011). A department of the Library of Congress. Retrieved from