Answers to Questions You May Have About Copyright of Computer Software 

Keep in mind that commercial software use is usually restricted by license. When you buy, install, or use software, you are actually acquiring a license to use the software from the company that owns the copyrights and will be legally bound by their agreements. The conditions and restrictions of the license agreements vary from program to program and should be read carefully, especially in regard to copying limitations, permitted uses, prohibited uses, and restrictions.

Depending upon the agreement, the license can be a:

• license per machine
• license per individual
• concurrent license
• file server license
• site license

Software products that are not licensed to Babson College may also be licensed and used by individuals.

What are the different types of computer software

Copying of commercial software is strictly limited, except for backup purposes. Those that are strictly prohibited include:

• a friend giving you software to try
• making a backup of your office software for your home computer, where not specified in the license
• downloading software from a rogue site
• buying one copy for the office, but using it on multiple workstations etc.

You may make a copy of computer software that is in the public domain. Unless clearly marked as public domain, assume the software is copyrighted.

You may install software on multiple machines and distribute it to users via a network, providing the number of simultaneous users doesw not exceed the number of licenses; and the number of machines being used does not exceed the number licensed. A network license may be required for multiple users.

The Classroom Guidelines specify the amount of a single copyrighted work that can be included: numerical data sets (e.g. databases): - up to 10% or 2500 fields, whichever is less.

In general, the computer software for use in the classroom is commercially licensed software and the rules described above apply.

Purchased computer software materials may be placed on reserve.

For assistance, contact the Reserves Coordinator, Linda Reifler-Alessi at x6450 or reserve@babson.edu, or your library liaison. The Library will seek copyright permission, as needed, and keep you informed.

To comply with the Fair Use Guidelines for Educational Multimedia and the TEACH Act when using Blackboard, you should:

1. Make sure the portions of copyrighted material you are using in your course meet the standards of the Guidelines.
2. Put the copyrighted material in a section of your Blackboard course site that is secured (using Course Settings: Area Availability in the Control Panel). This should meet the distribution requirement, because only students enrolled in your course will have access to that area.
3. Use Quicktime Streaming for audio and video, rather than uploading the files for students to download. (Contact the Curriculum Innovation & Technology Group, for information and assistance.)
4. Since Blackboard course sites are web-based, it is not possible for the technology to prevent copies of other materials from being made. Therefore, copyrighted material could be made available (using the Availability option on your content) for no more than a 15-day period, and your students should be instructed to not make their own copies of the material.

In most cases, this should comply with the Congressional guidelines on fair use.

Also refer to the Music Library Association statement on the Digital Transmission of Electronic Reserves:

For assistance, contact the Reserves Coordinator, Linda Reifler-Alessi at x6450 or reserve@babson.edu, or your library liaison. The Library will seek copyright permission, as needed, and keep you informed.

You are responsible for copyright permission for your own web site. Blackboard offers the advantage of providing a secure location, from which you can offer access to your students only. Be sure to review the guidelines on fair use.