Software licensing

How is computer software protected by law?

Computer software is protected against unauthorised copying by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. These laws and treaties protect the rights of a software owner by granting the owner a number of exclusive rights, including the right to reproduce or 'copy' the software. Copying software without the permission of the owner is 'copyright infringement', and the law imposes penalties on infringers.

You 'copy' software whenever you:

1. load the software into your computer's temporary memory by running the programs from a memory stick, hard disk, CD-ROM, or other storage media;
2. copy the software onto other media such as a memory stick, CD-ROM or your computer's hard disk;
   OR
3. run the program on your computer from a network server on which the software is resident or stored.

Almost all commercial computer software is licensed directly or indirectly from the copyright owner - the software publisher - for use by the customer through a type of contract called an 'end user licence agreement' (also known as a EULA).

What is software theft?

The acquisition and use of software is governed by copyright law and the licence agreement that accompanies the software. You should be aware that it is illegal unless permitted under the licence agreement:

• To copy or distribute software or its accompanying documentation, including programs, applications, data, codes and manuals, without permission either under the licence agreement or from the copyright owner except for one secure backup copy;
• To run a copyrighted software program on two or more computers simultaneously unless this is specifically allowed by the licence agreement;
• For organisations to consciously or unconsciously encourage, allow, compel or pressure employees to make or distribute unauthorised software copies;
• To infringe the laws against unauthorised software copying because someone requests or compels it;
• To lend software so that a copy can be made or to copy software while it is lent to you;
• To make, import, possess or deal with articles intended to facilitate the removal of any technical means applied to protect the software program.

Criminal liabilities

An individual or organisation can be found criminally liable under the Copyright, Designs & Patents Act 1988 if, without the licence of the copyright owner, they:

• Copy the software for sale or hire
• Import software into the UK otherwise than for private and domestic use
• Possess software in the course of their business with a view to committing an act which would infringe the copyright
• Distribute the software without proper licence of the copyright owner.

A person found guilty under the relevant sections of the act is liable:

• On summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding £5,000, or both
• On conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

Directors' liabilities

Where an offence under the Copyright, Designs & Patents Act is committed by an organisation, the individual concerned, as well as the organisation they work for, is guilty of the offence and liable to be proceeded against. The institution Code of Conduct on Copyright gives further detailed information.

Specific software regulations

Introduction

The University of Northampton licenses the use of computer software from a variety of sources, it does not own it or the copyright to the software or its related documentation and, unless authorised by the copyright owner, does not have the right to reproduce it.

The duplication of copyrighted computer software may be a civil or criminal offence under the Copyright, Designs and Patents Act (1988) and subsequent amendments. The University of Northampton forbids the duplication of software by employees and students unless permitted under the terms of the licence. Failure to comply with this will be dealt with under the institution disciplinary procedure.

Regulation

1. While using The University's IT facilities you shall comply with all the terms and conditions of any licence relating to software copyright.
2. Licensed computer software used on The University's IT facilities may only be procured by those staff authorised to do so.
3. Unless specifically stated otherwise, software licensed to The University of Northampton is for use only on University equipment.

Operational procedures

1. All software licensed for use on institution computer systems must be purchased through Information Services.
2. Where software and subsequent updates are delivered to Information Services they will be responsible for tracking and goods receipt and safe delivery to other departments or individuals.
3. For general software Information Services will hold the master disks/tapes and licence agreements. These will be used to maintain the central Software Licence Database and to provide proof of the institution's legal status with respect to copyright of computer software.
4. Where specialist software is in use in a department they will be responsible for storing the master disks and keeping a record of installation in accordance with licence procedures.
5. Regular audits of installed software will take place using the corporate and departmental Software Licence Databases as reference. If suspect software is found, the relevant manager will be informed and asked to provide evidence of the software's legal status, i.e. master disks, licence agreement and copies of requisition/purchase orders. If the legal status of the software cannot be established within a reasonable time the software will be removed and the manager advised accordingly.
6. All instances of illegal duplication of copyrighted computer software will be recorded and, if appropriate, reported.