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DDD Letter #70 |
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Reformatted: December 17, 1997
In response to the many questions I have been asked surrounding software copyright and license agreements, I am attaching a brochure issued by the State of Connecticut (Office of the State Comptroller, Office of Policy and Management, and Department of Administrative Services).
I feel this information is vital and should be circulated. A copy of this communication will be viewable on the Computer Center web page at the following address: http://vm.uconn.edu/~wwwucc/uccpols.html.
Why should I be concerned about software copyright and license agreements?
Unauthorized copying of original software violates the Federal Copyright Act of 1976. this law protects the exclusive rights of the copyright holder (e.g., the software producer) and does not give users the right to copy software with the exception of creating one backup copy.
If an employee commits an act of copyright infringement, (e.g., making or using unauthorized copies) the agency may be held liable, even if agency administrative personnel are unaware of such acts.
What harm is there in making copies of software?
Unlawful copying of software can produce the following risks:
What can happen to me if I copy software?
United States law prohibits duplicating software for profit, making multiple copies for use by different users within an organization, and giving an unauthorized copy to another individual. If caught with pirated software, you and your agency management personnel may be tried under both civil and criminal law.
What can I do to ensure that I am not violating the Federal Copyright Act and that I am complying with applicable software license agreements?
It is important to familiarize yourself with the copyright statement and the license agreements for the software packages which you use.
As a state employee, you are to use or install on state owned hardware only software authorized by your agency. the use of unlicensed software copies, personally owned software, and unauthorized bulletin board or shareware software is strictly forbidden.
What is my agency doing to ensure that it is not violating the Federal Copyright Act or applicable software license agreements?
Agencies should ensure that the software used by its employees is installed on agency personal computers according to license agreements.
Your agency is mandated to maintain positive control of software, including compliance with the State Comptrollers software inventory procedures, and is responsible for establishing accounting procedures that document all purchases of software. Further, your agency is required to maintain records of all software installations and software licenses.
As an end user, it is important to understand each software package's copyright statement and the license agreements implemented by your agency:
The purpose of this pamphlet is to highlight the responsibilities of agencies, system administrators and end-users as they pertain to software copyright and license agreements.
Software license compliance is a legal responsibility for state agencies. The Auditors of Public Accounts have the statutory authority to determine if state agencies are complying with applicable software license agreements and to identify instances of noncompliance.
Which agencies are responsible for oversight of these rules and regulations?
The Office of the State Comptroller, the Office of Policy and Management and the Department of Administrative Services are responsible for the establishment and implementation of a statewide software policy for the prevention of software copyright infringement. Please refer to The State of Connecticut Software Managment Policy Manual.