Policy 108a
Approved Administrative Committee 1163.3COMPUTER PROGRAM COPYRIGHT AND SOFTWARE LICENSES
PURPOSE
1. To establish the responsibility of members of the University with respect to the copyright of computer programs (software) and software license agreements.
GENERAL
2. The Act to amend the Copyright Act (1988), better known as Bill C-60, makes it illegal under Canadian law to copy a computer program without the authorization of the copyright holder, see Appendix A.
3. Computer programs produced in other countries are also protected by Canadian copyright law. No copyright notice has to be explicitly stated. Only programs that are declared by the copyright holder to be in the public domain may be duplicated freely.
4. The terms of the licensing agreement determine the use that can be made of the software.
5. Unauthorized copying of computer programs exposes the individual and the institution to possible legal action for copyright infringement or for breach of the license agreement.
6. The copyright of computer programs created by employees of the University is governed by University policies and by Article 35 of the Collective Agreement between the University and the APUO.
POLICY
7. The University does not permit the illegal copying of computer programs or software, or the use of illegal software copies.
8. All software acquired by the University must be used in accordance with the license agreement or other contract between the University and the vendor or copyright holder.
SCOPE
9. Items 7 and 8 of this policy apply to:
- a) all persons using University facilities or equipment or University premises;
- b) all University software and associated documentation.
DEFINITIONS OF TERMS
10. The following definitions apply for the purposes of this policy.
- a) Computer Program:
- A set of instructions or statements, expressed, fixed embodied or stored in any manner, that is to be used directly or indirectly in a computer in order to bring about a specific result (as defined in Article 1(3) of Bill C-60); see also software.
- b) Custodian:
- One who has been assigned possession of a computer program by the Owner in an ongoing, operational environment.
- c) Owner:
- The Owner is the individual who acts on behalf of the University to authorize use of the software and exercise management control over it. Title to the software rests with the University.
- d) Software:
- Software is a term used in contrast to hardware to refer to computer programs, specifically those of general use as distinct to those of use to a particular user.
- e) Software Product:
- A software product is a collection of computer programs, physical distribution media (usually diskettes), technical and user manuals, design and data structure information, and other supporting documentation, which together enable a specific application to be performed.
- f) University Software:
- Software product copies purchased by University funds, research grants administered by the University, or acquired by the University through some contractual agreement; software created by University employees in the course of University duties.
- g) User:
- A person authorized by the Owner of a computer program or computing facility to use it for approved University purposes.
AUTHORIZED COPYING OF SOFTWARE
11. The making of one backup copy of a computer program, or of a copy for the purpose of creating a customised version of the software, is permitted under Bill C-60, subject to the conditions stated in item 3 of Appendix A.
12. The reproduction of software beyond that permitted by Bill C-60, must be authorized in writing by the copyright holder or the vendor, through a notice on the package or in the manual, by the license agreement, or by a separate contract agreement. Such a notice may also restrict the use of the software.
13. Assistance in determining whether copying of a software product is permitted by the copyright holder may be provided to the Owner or Custodian by the Director of Computing and Communications Services.
14. Site-license agreements for proprietary software products shall be arranged through Computing and Communications Services, who shall authorize and control the creation and sale of copies for on-site use, label them, and maintain a record of their distribution.
RESPONSIBILITIES
15. Deans and Directors shall publicize this policy, and the associated Procedure EDP Security No. 21-5, and ensure its effective implementation and continued observance. Corresponding responsibilities must be fulfilled by heads of departments, centres institutes, research groups, and administrative units.
16. Heads of departments, centres, institutes, research groups, and administrative units are the Owners of all University software on all University microcomputers, or other computer systems under their jurisdiction, see paragraph 10d. They should delegate this ownership, as appropriate.
17. In the case of computer programs created by University employees, the author acts as Owner until ownership is assigned elsewhere by his or her department or unit.
AUDITABILITY
18. The legitimacy of the software products that are currently in use or installed on each University computer, workstation or network server must be readily demonstrate at all times by the software Owner or the Department or Unit.
ACCOUNTABILITY
19. Infringement of the copyright in software is a serious breach of the law and should be reported to the Dean or Director concerned for appropriate action.
20. The University reserves the right to take legal action against anyone whose actions in breach of this policy lead to the loss of the right to use University software, or incur financial liability to the University, or result in damage to the University's reputation.
21. University employees who are covered by the collective agreement between the University and the APUO and who breach this policy may be subject to disciplinary measures under that agreement.
22. All employees who are not covered by the collective agreement with the APUO and who breach this policy may be subject to appropriate disciplinary action under Policy 2d or under applicable clauses in existing collective agreements.
23. Students contravening this policy will be subject to discipline and sanctions laid down by the Senate and published in academic regulations for Misuse of Computer Facilities.
AWARENESS PROGRAM
24. Information shall be made available within the University on the ethical and legal issues underlying the need for observance of computer program copyright and software licenses.
IMPLEMENTATION
25. Measures to assure the effective implementation of this policy are presented in EDP Security Procedure 21-5.
Published November 6, 1991
(Office of the Secretary)
1. Under Bill C-60, computer programs are defined as literary works, regardless of the medium of expression. As such they now get full copyright protection for the life of the creator plus 50 years.
2. If you have acquired a software copy authorized by the copyright holder, then Bill C-60 permits the making of one, but only one, backup copy. A further copy may be made in order to modify or customise the software, see 3, below. The licensing agreement may extend this permission in the case of individual computer programs.
3. The two exceptions added by the Bill to Section 17(2) of the Copyright Act as paragraphs (l) and (m) are very carefully defined. They are quoted verbatim as follows:
- "l) the making by a person who owns a copy of a computer program, which copy is authorized by the owner of the copyright, of a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that
- i) the reproduction is essential for the compatibility of the computer program with a particular computer,
- ii) the reproduction is solely for the person's own use, and
- iii) the reproduction is destroyed forthwith when the person ceases to be the owner of the copy of the computer program; and
m) the making by a person who owns a copy of a computer program, which copy is authorized by the owner of the copyright, of a single reproduction for backup purposes of the copy or of a reproduction referred to in paragraph (l) if the person proves that the reproduction is destroyed forthwith when the person ceases to be the owner of the copy of the computer program."
4. In some cases the courts have ruled that computer software as a literary work includes source code, its translation into object code, and its possible representation in material form as microcode in a chip or Read Only memory (ROM).
5. The new law provides for greatly increased penalties in case of copyright violation. Selling, renting, distributing, exhibiting or importing for sale any infringing copy of a work is an offence. On summary conviction an offender could face a maximum fine of $25,000, six months in prison, or both. On conviction on indictment, an offender risks a maximum fine of $1 million, up to five years in prison, or both.