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CWUP 2-40-080 Copyright Policy for Computer Programs

It is the policy of Central Washington University to adhere to the provisions of copyright laws in the area of computer programs. Though there continues to be controversy regarding interpretation of those copyright laws, the following procedures represent a sincere effort to operate legally. Therefore, in an effort to discourage violation of copyright laws and to prevent such illegal activities:

(1) University faculty, administrators, staff and students will be expected to adhere to the provisions of S2-2.8 Section 117 of Title 17 of the United States Code to allow for the making of a backup copy of computer programs.

That statute states, in part: "it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
1. that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or 
2. that such a new copy and adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful."

(2) When software is to be used on a disk sharing system, efforts will be made to secure this software from copying.

(3) University owned or licensed software may not be used, copied, or distributed in any manner in violation of license agreements or laws. University computing resources and computing resources used on university property may not be used in any manner to copy or distribute software in violation of license agreements or laws.

(4) The legal or insurance protection of the university will not be extended to faculty, administrators, staff or students who violate copyright laws.

(5) Nothing in this policy shall be deemed to apply to computer programs or software products which lie within the public domain.

[PAC: 10/5/90; Responsibility: Finance and Administration; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/ UPAC; Review/Effective Date: 07/1991; Approved by: James L. Gaudino, President]

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