Software Use in the Classroom/Computer Lab

Did you know that each computer software program installation requires a license? Considering budgets are always an issue in public schools, no teacher or teacher-librarian wants to know the correct answer to that question. This means that programs cannot be installed on each library computer.

It also infringes most licenses to install a program on one administrative computer and allow different computers to access and use the program. In order to clearly know what is allowed by the copyright license, it is important to read the license agreement within the original package.

Section 117, of the Copyright Laws, allows the purchasers of a computer program to make one copy of the original (archive copy) in the event a computer needs restoration. Most computer software not only contains the program itself, but also data files. This data may include help files, configuration files or clip art files. In most cases, computer programs cannot function correctly if these data files are present. The archive copy needs to contain these data files as well.

More often than not, some copying of computer software by teacher-librarians and school faculty will be considered fair use.

Copying computer software is pretty basic. It is a wise idea to post a notice on unsupervised computer stations that have hardware for copying about a library's policy on software copying. A computer station is considered "unsupervised" if library staff is not involved in the copying process.

Most license agreements will be contained within the shrink-wrap of the program case. Here are some notices Reed (1989) shared that may appear in the license agreement of computer software:

• “You should carefully read the following terms and conditions before opening this diskette package. Opening this diskette package indicated your acceptance of these terms and conditions. If you do not agree with them, you should promptly return the package unopened and your money will be refunded.”
• “Read this agreement carefully. Use of this product constitutes your acceptance of the terms and conditions of this agreement!”
• “... is licensed on the condition that you agree to the terms and conditions of this license agree. If you do not agree to them, return the package with the diskette still sealed and your purchase price will be refunded. Opening this diskette package indicated your acceptance of these terms and conditions.”

A purchaser could assume that these licenses included in packaging are binding contracts, but one could argue that such licenses are contracts not bargained for and therefore, not binding.

Software producers may or may not use the exact wording for each computer they produce. Some agreements clearly prohibit renting or lending software.

Next post topic: Lending Software from Libraries

References

Hollar, L.A. (2000). Report to Congress Pursuant to Section 104 of the Digital Millennium Copyright Act. University of Utah, School of Computing.

Reed, M.H. (1989). Computer software: Copyright and licensing considerations for schools and libraries. ERIC Digest [Electronic version]. ERIC Clearinghouse on Information Resources.

Simpson, C. (2005). Computer software in schools. In Copyright for schools (pp. 131-141). Worthington, OH: Linworth.