SOFTWARE enables us to accomplish many different tasks with computers. Unfortunately, in order to get their work done quickly and conveniently, some people justify making and using unauthorized copies of software. They may not understand the implications of their actions or the restrictions of the Canadian Copyright Act, as amended on June, 1988 by Bill C-60.

HERE ARE SOME RELEVANT FACTS:

• UNAUTHORIZED copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protects inventors.
• UNAUTHORIZED copying of software by individuals can harm the entire university community. If unauthorized copying proliferates on campus, the University may incur a legal liability. Also, the University may find it more difficult to negotiate agreements that would make some software more widely and less expensively available to members of the university community.
• UNAUTHORIZED copying of software can deprive developers of a fair return for their work, increase prices, reduce the level of future support and enhancement, and inhibit the development of new software products.

RESPECT for intellectual work and property of others has traditionally been essential to the mission of colleges and universities. As members of the university community, we value the free exchange of ideas. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, documentation, applications, data bases and code.

THEREFORE, we offer the following statement of principle about intellectual property and the legal and ethical use of software. This "code" was developed by the EDUCOM Software Initiative.

SOFTWARE AND INTELLECTUAL RIGHTS

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgement, right to privacy, and right to determine the form, manner, and terms of publication and distribution.

Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the university community.

QUESTIONS YOU MAY HAVE ABOUT USING SOFTWARE

• What do I need to know about software and the Canadian Copyright Act?

Unless it has been placed in the public domain, software is protected by copyright law, whether it bears a copyright notice or not. 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 permission of the copyright owner. If you purchased your copy, however, you may be able to make a backup for your own use in case the original is destroyed or fails to work (check your license agreement to be sure).

• Can I lend software I have purchased?

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, however, be legal to lend your software to a friend temporarily as long as you do not keep a copy.

• Can I install software I have purchased on a Local Area Network (LAN)?

Software generally must be licensed explicitly for a LAN. Do not assume that it is legal to install it on a LAN just because you have purchased one copy legally. A LAN implies multiple users. A software license may have to be acquired for each workstation on the LAN.

• If software is not copy-protected, do I have the right to copy it?

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.

• May I copy software that is available through facilities on campus, so that I can use it more conveniently in my own work area?

Maybe.
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 campus mainframe or network. Some institutional licenses permit copying for certain purposes. Consult Information Services and Technology if you are unsure about the use of a particular software product.

• Isn't it legally "fair dealing" to copy software if the purpose in sharing it is purely educational?

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.

• What can happen to me if I am caught with unauthorized software?

The University of Manitoba does not tolerate software piracy. Anyone (staff or student) found to be making or using illegal copies of computer software will be subject to disciplinary or possible legal action. Remember that your copyright violation exposes the University to lawsuits and damage claims from the vendor.

ALTERNATIVES TO EXPLORE

Software can be expensive. You may think that you cannot afford to purchase certain programs that you need. But there are legal alternatives to unauthorized copying.

SITE LICENSED AND BULK-PURCHASED SOFTWARE

The University has negotiated agreements that make software available either to use or to purchase at special prices. Consult Information Services and Technology for information. Software available through institutional site licenses or bulk purchases is subject to copyright and license restrictions, and you may not make or distribute copies without authorization.

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 like the software and plan to use it. By registering, you may receive further documentation, updates and enhancements. You are also supporting future software development. The University urges you to respect the shareware agreement.

AUDIO AND VIDEO FILES

Music, movies and television programs are typically copyrighted. It is illegal to distribute files that are copyrighted. If you are unsure if a particular song, album, DVD, movie, or television program is copyrighted it is a best practice to contact the company that is distributing the item in question.

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 shared 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 Information Services and Technology.

A FINAL NOTE

Restrictions on the use of software are far from uniform. You should check carefully each piece of software and the accompanying documentation yourself. In general, you do not have the right to:

1. receive and use unauthorized copies of software, or
2. make unauthorized copies of software for yourself or others.