Re: Software and Fair Use Doctrine

Michael S. Hines asks:
>
> We have been looking at software copyright on campus. Our intent is
> to comply.
>
> Recently our Dean of Libraries tossed out a klinker that "fair use
> doctrine" applied to software used by the staff and students of the
> University. That is (quoting section 107)
>
> " ...the fair use of a copyrighted work, including such use by
> reproduction in copies or phonorecords or by any other means specificed
> by that secition, for the purposes such as criticism, comment, news
> reporting, teaching (including multiple copies for classroom use),
> scholarship, or research, in not an infringement of copyright."
>
> ..
>
> "(1) ... for nonprofit educational purposes" indicates fair use.
>
> Does fair use apply to computer software?
>
> How far into the organization could this be pushed?
> - students
> - faculty
> - staff within the academic areas
> - staff within the business areas
> - staff within auxiliary enterprises
>
>
> In the event of copyright violation, who is responsible...the staff
> member or the institution?
> - does it matter if we have an institutional policy of compliance?

Answers to these questions turn entirely on the facts of a given case - exactly what do you intend to do. Fair use does not entitle a non-profit educational institution to turn a single copy license into a site license - if that is what is meant then you have real problems. On the other hand making several copies of a software package to evaluate may well be within fair use - these are all fact specific questions.

  Don Berman --  

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