Policy on Copyrighted Computer Software UPPS No. 01.04.24
Issue
No.: 2
Effective
Date: 6/27/2006
Review:
December 1 E4Y
Attachments
I, II,
III,
IV
01. POLICY STATEMENTS
01.01 This
UPPS informs the
The Academic Computing Committee has adopted
a resolution supporting the intent of this policy. See Attachment I for the
Academic Computing Committee Resolution.
01.02 The purpose of this UPPS is to:
a. Publicize
b. Provide assistance to faculty, staff, and
students in implementing effective software copyright standards, use, and
practices;
c. Assign accountability and managerial
responsibility for university computer software;
d. Clarify software copyright, trademark, and
licensing terminology; and
e. Establish controls to best utilize university
resources.
02. RISKS AND LEGAL ISSUES
02.01 There are risks associated with unauthorized
software usage. According to the US Copyright Act, illegal reproduction of
software is subject to civil damages and criminal penalties including extensive
fines and imprisonment.
02.02 The Software Publishers Association (SPA), an
anti-piracy division of the Software Information Industry Association (SIIA),
and the Business Software Alliance (BSA) aggressively enforce software piracy
laws.
03. DEFINITIONS
03.01 Computer Software refers to the
programs, routines, and symbolic languages that control the functioning of
computer hardware and direct its operation. As used in this policy, it includes
major productivity applications; proprietary fonts, templates and other data;
run-time packages; operating systems and utilities such as disk utilities;
screen savers; terminate-and-stay-resident programs; and desk accessories.
03.02 Copyright refers to the owner’s
exclusive right to reproduce the work, to make derivative works from it, and to
distribute copies of it by sale or otherwise. Absence of a copyright symbol
does not give the user permission to copy the work. Permission to copy software
must be specifically granted in the software's license agreement or via other
express or implied consent of the copyright owner. All software is subject to
copyright protection, regardless of the manner in which it is distributed.
03.03 EDUCAUSE is a nonprofit
association whose mission is to advance higher education by promoting the
intelligent use of information technology.
03.04 Position of Special Trust refers to an
individual designated by an administrative officer to represent an
organizational unit with responsibilities delineated in Attachment
III.
03.05 Site License as used in this policy,
generally is held by
03.06 Software Contact is a
03.07 Trademark may be a word, name, symbol,
device or any combination thereof that is used by its owner to identify or
distinguish goods or services from those of others. The owner of a trademark
has the exclusive right to use it on the product it was intended to identify
and often on related products.
04. GENERAL GUIDELINES
04.01
04.02 All members of the University community must
respect the rights of trademark owners. More information can be found in UPPS No.
04.01.07, Appropriate Use of Information Resources.
04.03 The
04.04 Technology
Resources or the Office of Audit and Compliance may conduct software audits to
document that
05. SOFTWARE ACQUISITION AND
APPROPRIATE USE
05.01 Every Texas State faculty member, staff
member, and student is responsible for his or her own legal and ethical
behavior in regard to computer software use. An activity that may be
technically possible may nevertheless be a prohibited activity.
05.02 With respect to software acquisition and
appropriate use, the responsibilities of
06. REVIEWERS OF THIS UPPS
06.01 Reviewers of this UPPS include the following:
Position Date
Interim Director, December
1 E4Y
Technology Resources
Coordinator,
Software Licensing December
1 E4Y
Assistant
Director, Computing December
1 E4Y
Support Services
Director, Audit
and Compliance December 1
E4Y
Chair, Academic
Computing December 1
E4Y
Committee
07. CERTIFICATION STATEMENT
This UPPS has been approved by the following
individuals in their official capacities and represents
Mr. Donald D. Volz, Interim Director,
Technology Resources; senior reviewer of this UPPS
Dr. C. Van Wyatt, Vice President for
Information Technology
Dr. Denise M. Trauth, President