U.S. Copyright Office Website
The 1976 copyright law provided protection for computer software, however only as a new form of literary work. Before the 1976 copyright law existed, the National Commission on New Technological Uses (CONTU) of Copyrighted Worked considered the competence of copyright law as it applies to modern technological advances. CONTU reported that computer programs deserved protection. By 1980, the copyright protection specified to computer programs was extended under Section 117 of the new revised law.
President George Bush passed a Computer Software Rental Amendments Act in 1990. This Amendment applied to section 109 of the copyright law. It prohibits the lease, rental or lending of a computer program for direct or indirect commercial gain unless authorized by the owner of the copyright in the computer program. The Computer Software Rental Amendments Act allowed libraries to lend computer programs if the patron was using the program for non-profit purposes and if the packaging contains a warning of copyright allowing lending. Although lending computer software may trigger unauthorized copying, a three year study was conducted to ensure that the libraries upheld the integrity of the copyright amendment and still offer services to the community.
Again in 1992, the copyright law was revised and software piracy was considered a felony. The "No Electronic Theft" (NET) Act was passed in 1997. This Act eliminated the possibility to create infringed copies of software through the Internet and other networks.
Stay tuned for the next posting which will include information on multiple installs of computer software.
References
Krishnan, A. (2005, January). Testing for copyright protection and infringement in non-literal elements of computer programs. Journal of Intellectual Property Rights, 10, 9-20.
Simpson, C. (2005). Computer software in schools. In Copyright for schools (pp. 131-141).
2 comments:
I'm glad you picked this topic because as a classroom teacher I use a lot of software, and our county can be vague about what can and cannot be used. For example, I bought a copy of Where in the World is Carmen Sandiego that I would like to load on one computer for my students to use, but I'm not sure I can. I would only load it on one, but more than one person would have access in the school setting. What are your thoughts on this?
Thanks for the info Erica. I understand the rules and know the rules, I just continue to break them though. During tough times it's hard to pass up free software.
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