Information Resources and Technology Policy

Section Policy Name Policy Number
Individual Responsibilities Copyright Information 5.04

Policy Purpose

Respect for intellectual labor and creativity is vital to academic discourse and enterprise, and has traditionally been essential to the mission of Bradley University. Electronic information is volatile and easily reproduced; respect to work and personal expression of all this is especially critical in computer environments. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software of any type, including music, video, and image files that are not expressly in the public domain. Generally, software cannot be copied, shared, sold, or used on more than one processor at a time. Please refer to the Digital Millennium Copyright Act (DMCA) for comprehensive information regarding copyrights.

Policy Description

You are permitted to use any university-acquired software for any activity which is within the mission of and for the support of the University and within the scope of the applicable software license agreements. Any contemplated use of University software for consulting purposes, community outreach, or personal purposes must be approved in the advance. Frequently, our license agreements would require additional payments in such cases. Bradley University will not support or defend members of the Bradley community against any actions which may be brought against them by other entities as a result of such a violations.

Procedures

Alternatives to unauthorized copying

Site-Licensed Software 
Bradley University may have negotiated agreements that make certain software generally available. For further information, contact the HelpDesk at x2964. Software available through institutional site license is subject to copyright and license restrictions, and you may not make or distribute copies without authorization.

Individual Software Purchases 
Unless specifically prohibited by the license agreement, the following is permissible:

Installation of the software on fixed storage of a single machine for the purpose of using it on that machine ( but not for the purpose of "downloading" it to another machine). Creation of a single copy of the software for archive purposes ( provided the created copy and the distribution copies are not both in use at the same time).

Shareware 
Shareware, or " user-supported" software, is copyrighted software that the developer encourages you to copy and distribute to others. This permission is explicitly stated in the documentation or displayed on the computer screen. The developer of shareware generally asks for a small donation or registration fee if you plan to use the software. By registering you may receive further documentation, updates, and enhancements. You are also supporting future software deployment.

Public Domain Software 
Sometimes authors dedicate their software to the public domain, which means that the software is not subject to any copyright restrictions. It can be copied and distributed freely. Software without copyright notice is often, but not necessarily, in the public domain. Before you copy or distribute software that is not explicitly in the public domain, check with the HelpDesk at x2964.

Software and U.S. copyright law
Unless it has been placed in the public domain, software is protected by the copyright law. The owner of a copyright holds the exclusive rights to the reproduction and distribution of his or her work. Therefore, it is illegal to duplicate or distribute software or its documentation without permission of the copyright owner. If you have purchased your copy, however, you may make a backup for your own use in case the original is damaged or fails to work.

Loaning software
If your software came with a clearly visible license agreement, or if you signed a registration card, READ THE LICENSE CAREFULLY before you use 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. It may be legal to loan your software to a friend temporarily as long as you do not keep a copy.

Copying non copy protected software
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 backup copy. In offering non-copy protected software to you, the developer or publisher has demonstrated significant trust in your integrity.

Copying campus software for use at residence
Software acquired by colleges and universities is usually 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 clusters, 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 Computing Services at x2950 if you are unsure about the use of a particular software product.

Legality for "fair use" of software for educational purposes
It is illegal for a faculty member or student to copy software for distribution among members of a class, or for other purposes, without prior permission of the author or publisher.

 

Some content for this document was taken from a brochure produced as a service to the academic community by EDUCOM, a nonprofit consortium of over 450 colleges and universities, committed to the use and management of Information Technology and Higher Education, and ADAPSO, the computer software, services and industrial association.

Policy Scope

This policy applies to all Bradley University computer and network users.

Policy Definitions

Date Approved Revision 1 Date Revision 2 Date Revision 3 Date Revision 4 Date Revision 5 Date
2/23/2004 4/6/2004