What do I need to know about software and the U.S. Copyright Act?
ANSWER: Unless it has been placed in the public domain, software is protected by copyright law. The owner of a copyright holds exclusive right to the reproduction and distribution of his or her work. Therefore, it is illegal to duplicate or distribute software or its documentation without the permission of the copyright owner. Read the End User Licensing Agreement (EULA) to see if the copyright owner grants users the right to make an archival or ‘backup’ copy.
When the University purchases software, who owns it?
ANSWER: Almost without exception, the owner of a software title is the author, creator or publisher. When software is purchased, that which is being sold is the right to use that software title granted by the owner to the purchaser. The rights of use for the purchaser are explicitly described in the software license agreement.
What is Software Piracy?
ANSWER: Software piracy ranges from making a copy of your friend's software to evaluate it, to a company’s mismanagement of its software licenses. Software piracy is the illegal distribution and/or copying of software for personal or business use. Whether these acts of piracy are committed with intent or not, they are still illegal and punishable by law.
If I was instructed by my supervisor to install unlicensed software on to a University owned computer, who could be held liable?
ANSWER: Under "vicarious liability" of the US Copyright Act, an employer is liable for acts committed by its employees when those acts are within the scope of their employment duties. Another theory of liability is the doctrine of contributory copyright infringement, whereby a party who does not do an infringing act but who aids or encourages it is liable for the infringement. Any member of the University community suspecting software abuse should immediately notify their supervisor who should then consult with the User Services Software Licensing office (license@us.fsu.edu).
Can I take a piece of software owned by the University and install it on my personal computer at home if instructed by my supervisor?
ANSWER: A good rule of thumb to follow is one software package per computer, unless the terms of the license agreement allow for multiple use of the program. Some license agreements permit a ‘secondary’ installation of a software title. Check the license agreement carefully to determine the allowed uses of any software title. The University does make provision for secondary installations when permitted by the appropriate Software License Agreement. “A FSU Secondary Software Usage Agreement” must be completed and kept on file in the Employees employment entity’s Software Library and Register.
Is it legal to install an original equipment manufacturer (OEM) version of software on a computer other than the one in which the software came with?
ANSWER: OEM software is only distributed when sold with specified accompanying hardware. When these programs are copied and/or sold separately from the hardware, this is a violation of the contract with the publisher, and therefore illegal.
Can I rent a piece of software?
ANSWER: The Software Rental Amendments Act of 1990 (Public Law 101-650) prohibits the rental, leasing, or lending of software without the express permission of the copyright holder.
Can I purchase a single licensed copy of a piece of software and load it onto several machines?
ANSWER: No, this is known as "softlifting,". This is contrary to the terms of the license agreement and a violation of copyright law and University policy. This includes sharing with friends and coworkers and installing software on home/laptop computers if not allowed by the license applicable license agreement.
Can I give or sell a "backup copy" of a licensed program to other people?
ANSWER: A "backup copy" can be used for "archival purposes only." This copy cannot be sold or distributed to another party without the consent of the copyright owner.
What are the maximum civil penalties for copyright infringement?
ANSWER: In the United States, the infringer is liable for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying or statutory damages of up to $150,000 for each work infringed.
What are the maximum criminal penalties for copyright infringement?
ANSWER: Illegal distribution of software can subject a seller to arrest and felony charges with fines up to US$250,000 and prison terms of up to five years. In civil litigation against infringers trafficking in or using copyrighted software that is illegally distributed or reproduced, a copyright holder can obtain the higher of its lost profits, the infringer's profits, or statutory damages of up to US$150,000 per product infringed plus the copyright holders attorneys' fees.
Can I loan software I have purchased myself?
ANSWER: Software comes with a license agreement. READ THE LICENSE CAREFULLY before using the software. Some licenses may restrict use to a specific computer. Copyright law does not permit you to run your software on two or more computers simultaneously unless the license agreement specifically allows it.
If software is not copy-protected, do I have the right to copy it?
ANSWER: No. Lack of copy protection does NOT constitute permission to copy software in order to share or sell it. "Non-copy-protected" software enables you to protect your investment by making a back-up copy if permitted in the Licensing agreement. In offering non-copy-protected software to you, the developer has demonstrated significant trust in your integrity.
May I copy software that is available through facilities on campus so that I can use it more conveniently in my own room?
ANSWER: Software acquired by Florida State University is licensed. The licenses restrict how and where the software may be legally used by members of the community. This applies to software installed on hard disks in microcomputer cluster, software distributed on disks by a campus lending library, and software available on a campus mainframe or network. Some institutional licenses permit copying for certain purposes. Consult User Services Software Licensing (license@us.fsu.edu) if you are unsure about the use of a particular software product.
Isn't it legally "fair use" to copy software if the purpose in sharing it is purely educational?
ANSWER: No. It is illegal for a faculty member or student to copy software for distribution among the members of a class, without permission of the author or publisher.
If the University or I paid for the software, don't we own it and have the right to use it any way we want?
ANSWER: The ownership rights in software are owned by copyright holder. When you purchase software, you purchase a license to use the software in a limited manner. The use of the software must be in compliance with the End User License Agreement (EULA) that is included with the software.
Does that mean I cannot take software between work and home and vice versa?
ANSWER: Employees who copy personal software onto their work computers are committing another form of end user piracy. In this instance, the employer is liable for illegal or unauthorized software found on company hardware. Some EULAs permit an employee to use company-owned software on a secondary computer for work purposes. But in most cases, an employee may not install work software at home for personal use, nor use software at home and work concurrently. See the Section 3 of the FSU Software Usage Policy Statement.
Does registration always make a license and user legitimate?
Who should register the license for new software acquired through the University?
ANSWER: Registration does not always ensure that the software has been issued legitimately. If you are setting up a new software program at work, it is to be registered in the name of the University and the employees work entity. Software purchased with University funds is never to be registered in the name of an individual.
Are fonts and typeface software subject to the same rules as other software?
ANSWER: Fonts are protected under intellectual property law and are subject to the same legal usage restrictions as other software. It is illegal to do the following:
- Share or copy fonts beyond what the license agreement allows;
- Include a font copy with source files for output;
- Typeface software is licensed ‘by computer’, just as most application software is licensed.
- When you purchase a typeface license you are entitled to use the typeface on one computer for viewing, editing, and printing.
Are software copyrights applicable only in the United States?
ANSWER: Patents, trademarks, and copyrights are protected by U.S. law, international treaties such as the Berne Convention, and the local intellectual property laws of various jurisdictions. Software publishers vigorously protect their intellectual property and have aggressive anti-piracy education and enforcement programs in most countries of the world.
How can I learn whether the software I use at work is compliant with licensing agreements?
ANSWER: Each University organizational entity is required to appoint an individual to maintain a software Library and Register to keep accurate records of software ownership and location.
Additional questions should be addressed to University Software Licensing. Email: license@us.fsu.edu
*University Software Licensing welcomes all questions, comments, and suggestions from the faculty and staff at Florida State University. If you find that there are some general topics/issues that should be addressed in our FAQ sections, please feel free to contact us via email at license@us.fsu.edu*
