Policy 01:012
Copyright Compliance and License Agreements

Copyright protects intellectual property, including e-mail, Web information and computer software. The University expects faculty, staff and students to be aware of how intellectual property laws, regulations, and policies apply to the electronic environment and to respect the property of others. Without the copyright owner's permission, users are typically prohibited from uploading and downloading copyrighted material, making or distributing copies on the Internet or on paper, preparing derivative works (i.e., adaptations), performing the work, or displaying the work publicly. Permission to use any University of Montevallo copyrighted materials or trademarks for commercial purposes or for unofficial University purposes must be approved in writing by the Director of Public Relations.

Faculty should be aware of “fair use” guidelines as they apply to material being used for educational purposes. Part of fair use is restricting the audience for the copyrighted material to members of the class in which it is being used. Departments and individual faculty are responsible for ensuring that any copyrighted software made accessible to students is done in accordance with University policy and all legal requirements.

Copyright Compliance

Uploading or downloading copyrighted material, violating the intellectual property rights of others, or illegally sharing information is prohibited. All reproduction and use of computer software on University equipment or by University faculty, staff, and students in pursuit of University business or instruction must be in accordance with copyright law and the manufacturer’s condition of sale.

Because of the unique nature of computer software, however, the federal copyright law recognizes two limited exceptions to the usual prohibitions against copying or altering copyrighted work. If the copy or adaptation does not meet one of the following two exceptions, it is a violation of federal law. The licensee or purchaser of software may:

1. Make one backup copy for use in the event that the original media is damaged or destroyed beyond use. Such copies are not to be used simultaneously on another machine. The backup copy must be destroyed if the license for the underlying computer program is discontinued.
2. Make a copy or adaptation if the new copy or adaptation is an essential step in utilizing the program on the licensee's or purchaser's computer. Any additional copy or adaptation must be an essential step in utilizing the program, and not merely for convenience.

In order to comply with federal law, the University and individual users must follow the restrictions listed below for software purchased by the University:

1. Software may not be copied for use on more computers than allowed by the license agreement. User's manuals may not be copied.
2. A software package may be installed on the hard drive of a single computer if the installation is permitted under the software's license agreement. Installation on the hard drive may not be used to "network," and thereby use the program on more than one computer, unless the software is licensed for that purpose.
3. Backup media may not be used to run a software package unless the original media is destroyed.
4. If a user purchases software as an upgrade, the user may not continue to use the earlier version or distribute it to other users.
5. The number of concurrent users of a software package on a local area network (LAN) may not exceed the number allowed by the software license agreement.

In addition to the above restrictions, copied software or software for which no license exists, and software which is not provided in accordance with copyright law or conditions of sale may not be installed or used on University-owned computers.

Reporting Possible Copyright Infringements

The University is subject to the Digital Millennium Copyright Act (DMCA), which establishes limitations of liability for infringement of copyright laws by users of computing resources at the University. Violations of copyright law include, but are not limited to:

* Copying and sharing most MP3s, images, movies or other copyrighted material;
* Posting or plagiarizing copyrighted material on personal webspace;
* Unauthorized downloading of anything not already owned (software, MP3’s, movies, etc.

In accordance with the DMCA, the Director of Public Relations is the designated agent to receive notices of alleged copyright infringement by any user to whom the University provides internet services and to send statutory notices to affected subscribers. Penalties for copyright infringement include, but are not limited to, temporary or permanent restriction of network privileges, termination of employment, expulsion, and/or prosecution.

License Agreements

Each software package includes a license agreement that details restrictions on the use of the software. Software users must follow the provisions in these license agreements regarding copying, improvements, number of concurrent users, and similar provisions, even though the University may not have signed the license agreements and does not agree to be bound by certain other provisions of the agreements. It is the user's responsibility to read and understand the license agreement for each software package.

Questions about computer software use not addressed by this policy or questions about specific license agreements should be directed to the Office of Computer Services. Detailed procedures and guidelines to manage software and license agreements are maintained by Computer Services, which is responsible for evaluating their effectiveness.

Approved 5/99

Last Revised 8/03