Copyright legislation Copyright (Computer Programs) Regulations 1992 Elma Graham
Objectives To understand what copyright is and how it applies to software To discuss how to avoid copyright issues To learn about current legislation and regulations that apply to software
Regulations Changes in computing have lead to new issues arising relating to copyright As with health and safety the government is responsible for creating new legislation to protect users and copyright owners
Copyright (Computer Programs) Regulations 1992 Copyright law summary
What does this mean? Copyright Law Computer Software is defined as a Literary Work Infringement of Copyright is NOT just a civil issue You do NOT have to sell copied software to breach the Law Directors of companies can be personally charged and risk up to 10 years imprisonment
The Copyright (Computer Programs) Regulations 1992 amends the Copyright Designs and Patents Act 1988 The owner of the copyright has the exclusive right to copy the work. That means it is illegal to copy software without the copyright owner's permission. With regard to software, the copyright owner is the software developer/publisher. Breaking the law could have serious consequences for you and the organisation you work for, threatening both your own and your employer's reputation and future prosperity.
Punishment ▫ The legal penalties include unlimited fines and up to 10 years in prison following the Copyright, etc and Trade Marks (Offences and Enforcement) Act ▫ Personally, you could lose your reputation, promotion prospects or even your job. ▫ There are no mitigating circumstances and no organisation would condone or defend either illegal copying or the use of unauthorised software. ▫ Your organisation and directors could face a police investigation
A software licensee never takes ownership of the copyright in the software; he merely purchases a licence to use the protected software under the terms and conditions set by the copyright owner and the law. Copyright exists in a work from the moment it is recorded Remedies for civil copyright infringement may include damages to compensate the copyright owner for damage caused to his business.
Criminal penalties Criminal penalties can include unlimited fines and up to ten years in prison The rental of software is illegal without the express permission of the copyright holder. If an organisation is using illegal copies of software the organisation may face not only a civil suit, but corporate officers and individual employees may have criminal liability. No one is exempt from copyright law. All individuals, organisations and government agencies are subject to the law.
Cont… Web publication or other internet-based publication does not take a work outside the realm of copyright law: you still need the copyright owner's permission to publish their work regardless of the publication medium. Ignorance of the Law does not excuse infringement
How to avoid breaching the Act Make sure you keep your licences in electronic or paper format - these are valuable documents. Buy from reputable dealers. Obtain a written quotation listing hardware/software specification and version. Ask for an itemised invoice giving details of all hardware and software supplied. Do not allow dealers to visit your home and install software directly onto your computer without providing licences etc.
Cont… Remember even Shareware will require to be purchased or deleted after the evaluation period. If possible go to a recommended dealer. Make sure that you understand that "bundled" software may come pre-installed on your computer and you may not receive media. If in doubt ASK FOR HELP.
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